ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000277
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00000370-001 | 21/10/2015 |
At: Workplace Relations Commission, Haddington Road, Dublin 4.
Date of Adjudication Hearing: 19/04/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint
The Complainant was employed by the Respondent from 10th June 2013 until the employment terminated on 23rd May 2015. The Complainant was paid €19126.00 gross per month and she worked 45 hours a week.
The Complainant referred a complaint to the Workplace Relations Commission on 21st October 2015 alleging the Respondent had discriminated against her on the basis of her Civil Status, that she was victimised and that she was Harassed while in the employment.
The Complainant had previously lodged complaints under both the Payment of Wages Act, 1991 and the Unfair Dismissals Acts, 1977 – 2007. These complaints were heard by a Rights Commissioner on 21st October 2015.
Preliminary Issue.
Section 77 (5) of the Employment Equality Act, 1998-2015 provides as follows: (a) Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation to which the case relates, or, as the case may be, the date of its most recent occurrence.”.
However Section 77 (5) (b) of the Act does allow for an extension of time by a further six months due to “reasonable cause”. The Complainant, in a letter received in the Workplace Relations Commission on 17th November 2015, states as follows: “Please note that the complaint was originally logged under the title of Unfair Dismissal because there was multiple issues with (the Respondent) and not one. The biggest issue was and is bullying and harassment. I logged all the issues under the title of unfair dismissal because I didn’t want to send too many different requests in case it confused my complaint(s) the complaint was logged in March 2015 and was logged within two weeks of the final incident with (the Respondent).”
The above was the reason advanced by the Complainant at the Hearing where she sought an extension of time.
However I note that in two pieces of correspondence from the Complainant to the Respondent the Complainant states in a letter received by the Respondent on 24th March 2015 as follows: “My legal representation will be in contact with (the Respondent)”. In a letter dated 23rd March from the Complainant to the Respondent she states as follows: “I am currently taking legal advice”.
The Respondent objected to the Adjudication Officer giving an extension of time citing a number of decisions of the Labour Court and the Employment Appeals Tribunal as to what constitutes “reasonable cause”.
The Labour Court has held in a number of key decisions that the reasons given by the Complainant when seeking an extension of time must both explain the delay and afford a justifiable excuse for the delay. It is clear from the evidence that the Complainant did lodge two complaints with the Labour Relations Commission in April 2015 under both the Payment of Wages Act, 1991 and the Unfair Dismissals Acts, 1977 – 2007. It is also clear from the evidence presented that the Complainant was in receipt of legal advice in relation to the issues she wished to lodge complaints and in the Complainant’s letter dated as received by the Respondent on 24th March 2015 she states “….this is not a threat this is a promise I will take this case to the highest level in Ireland and the European Union and will take legal action against (the Respondent)”.
Decision: I find that the Complainant has not established reasonable cause that both explains the delay and provides an excuse for the delay in circumstances where the Complainant has been in receipt of legal advice as she has stated.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint
I decide I do not have jurisdiction to hear this complaint as the complaint is statute barred by reference to Section 77(5) (b) of the Act.
Rosaleen Glackin
Adjudication Officer
Date: 12th July 2016