Equality Decisions Review Issued in June 2016 (Part 1)Posted in : BEO Solutions on Employment Equality Decisions on 26 July 2016
Bernadette Treanor of Beo Solutions looks at the issue of timeliness in three equality related cases. In the first case, the Labour Court determined that the WRC had erred in deciding that the claim was out of time and remitted it back for investigation and decision. In the second case, the Labour Court handled a WRC decision and found that the claim was out of time. It usefully includes an in-depth consideration of what must be established to show ‘reasonable cause’. In the third case, the Adjudicator interpreted the requirement to consider if it was fair to dispense with the notification requirement to establish that exceptional circumstances prevented the notification.
1. EDA1614, Congregation of Dominican Sisters of the Rosary and St Catherine of Siena, Otherwise Santa Sabina House v Tariro Mutyandasvika
Issues: Complaint not out of time, Equality Officer erred
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
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This article is correct at 26/07/2016
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