FULL RECOMMENDATION
SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011 PARTIES : GRANT ENGINEERING (IRELAND) UNLIMITED COMPANY (REPRESENTED BY IBEC) - AND - DENIS DELANEY (REPRESENTED BY BLAZEJ NOWAK) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Appeal of Adjudication Officer's Decision No: ADJ-00003893.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 14 November 2017. The following is the Determination of the Court:
DETERMINATION:
This matter comes before the Court by way of an appeal of a decision of an Adjudication Officer in a complaint made under the Employment Equality Acts 1998 - 2015 (the Act) by Mr Denis Delaney (the Appellant) against his former employer, Grant engineering (Ireland) limited (the Respondent). The Appellant claimed to have been discriminated against by the Respondent by reason of his disability contrary to Section 6(2)(g) of the Act. The Appellant claimed that his dismissal by the Respondent was the most recent act of discrimination. The Adjudication Officer decided that, as the date of dismissal was 8thDecember 2015 and the complaint of discrimination was received by the Workplace Relations Commission on 4thJuly 2016, there having been no application for an extension of time for the making of a complaint, the complaint of the Appellant was, by reference to the Act at Section 77(5), out of time. The adjudication Officer decided that she had no jurisdiction to hear the complaint.
Discussion and conclusions.
In the course of the hearing of the Court the parties jointly agreed that the date of dismissal of the Appellant was 8thJanuary 2016. In those circumstances the Court concludes that any complaint of an act of discrimination occurring on the date of dismissal which was made to the Workplace Relations Commission was made within six months of the occurrence of that act and thus, by reference to the Act at Section 77(5)(a), in time.
Determination
The Court finds that the complaint of the Appellant was made in time. The decision of the Adjudication Officer is set aside.
The Court, in accordance with the Act at Section 84(4), refers the matter in issue back to the Director General of the Workplace Relations Commission for a new investigation and decision under Section 79 of the Act.
Signed on behalf of the Labour Court
Kevin Foley
1 December 2017______________________
MNChairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.