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2001

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EET011

FULL RECOMMENDATION

REE/00/3
DECISIONNO.EET011

SECTION 19(5), EMPLOYMENT EQUALITY ACT, 1977



PARTIES :
BOARD OF MANAGEMENT OUR LADY OF IMMACULATE SENIOR SCHOOL

- AND -

A WORKER
(REPRESENTED BY INTO)


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr McHenry
Worker Member: Mr. Somers
SUBJECT:
1. Time limit.


BACKGROUND:

2. The worker referred her case to the Labour Court on the 4th of October, 2000. The Court investigated the case in accordance with Section 19(5) of the Employment Equality Act, 1977, on the 22nd of March, 2001. The following is the Court's decision:


DECISION:

The Court has given careful consideration to both the oral and written submissions of the parties. The Court found that the appeal procedure, which the claimant undertook relating to an allegation of discrimination which allegedly took place on 26th June 1998, concluded on 13th November 1998. At that time the claimant, if she so wished, could have brought a claim under the Employment Equality Act, 1977.

The claimant then undertook other industrial relations procedures in relation to matters other than her claim of discrimination. The claimant has requested the Court to extend the time limit for filing a claim under Section 19(5) of the Act on the basis that such a claim should not be made until all the industrial relations procedures affecting the claimant have been concluded. However, the specific events the applicant complained of and the subsequent appeals procedure concluded in November 1998. The Court does not accept the fact that the claimant was involved in industrial relations appeals procedures unrelated to the claim of discrimination, as showing reasonable cause for the delay of two and a quarter years for not making an application under the Act.

Therefore, the Court is not satisfied that reasonable cause has been shown as to why the time limit prescribed in Section 19(5) of the Employment Equality Act, 1977, should be extended in this case.



Signed on behalf of the Labour Court



Caroline Jenkinson
29th March 2001______________________
S.H./C.O'N.Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.




 
 
 
 
 
 
 
 
 

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