SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998
GOWRAN & DISTRICT COMMUNITY EMPLOYMENT SCHEME
- AND -
(REPRESENTED BY JOHN LANIGAN & NOLAN SOLICITORS)
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Time limit.
2. The worker referred her case to the Labour Court on the 25th of September, 2001. Submissions were received from both parties. The Court investigated the case in accordance with Section 77(6) of the Employment Equality Act, 1998, on the 30th of November, 2001. The following is the Court's decision:-
The Court has considered the written submissions of the parties on the application by the complainant, pursuant to Section 77(6) of the Act, for a direction that the time for the bringing of the complaint be extended.
The complainant had reported the events giving rise to her complaint to an appropriate person in authority and had been assured that the matter would be addressed. She had delayed in initiating these proceedings in the reasonable belief that recourse to a legal remedy would be unnecessary. In the Court's view, where a person is lead to believe that their complaint will be addressed on a voluntary basis and that transpires not to be the case, exceptional circumstances exist for extending the time for the bringing of a complaint under the Act.
The Court is satisfied that the circumstances disclosed in the submission made on behalf of the complainant constitute exceptional circumstances and accordingly her application for an extension of time is granted.
The Court directs that the time for the bringing of a claim for redress specified in Section 77(5) be extended, in respect of the present case, to a period of 12 months from the date of the most recent occurrence of the act of discrimination or victimisation to which the complaint relates.
Signed on behalf of the Labour Court
7th January, 2002______________________
Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.