Congregation of Dominican Sisters of the Rosary and St Catherine of Siena, Otherwise Santa Sabina House v Tariro MutyandasvikaPosted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionDisciplinary and Grievance Issues, Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
This was an appeal of an Equality Officer Decision that the complaint was out of time. The original Decision, DEC-E2015-076, is remarkable in its confusion as to the relevant dates. Due to this confusion a tentative understanding of the Equality Officer’s conclusion is that the phone calls on 28 and 30 November 2012 between the complainant and her employer were reiterations of what the occupational health physician had concluded on 9 November 2012, that the complainant was permanently unfit for manual handling duties. Apparently no alternative duties were available for the complainant and this may have been previously put to the complainant following previous assessments
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