Case Number: DEC-E2016-028. Workplace Relations Commission

CourtWorkplace Relations Commission
Date22 February 2016
Docket NumberDEC-E2016-028
PartiesAn employee -v- An employer
EMPLOYMENT EQUALITY ACTS DECISION NO. DEC-E2016-028 PARTIES An employee AND An employer (Represented by IBEC) File reference: EE/2014/443 Date of issue: 22nd February 2016

HEADNOTES: Employment Equality Acts Sections 6, 8, Racial Discrimination, Discrimination /Conditions of Employment.

1: Background

This dispute concerns a claim by Mr. VV that he was Discriminated against on the grounds of Racial origin contrary to the Equality Acts.

The Complainant referred a claim to the Director of the Equality Tribunal on the 18th August 2014, under the Employment Equality Acts. On the 5th November 2015, in accordance with his powers under section 75 of the Employment Equality Acts, the Director General of the Workplace Relations Commission delegated the case to me, Michael McEntee, an Adjudication Officer/Equality Officer for investigation, hearing and decision and for the exercise of other relevant functions of the Director General under Part VII of the Acts, on which date my investigation commenced. Submissions were received from both sides. In accordance with Section 79(1) of the Employment Equality Acts and as part of my investigation I proceeded to a hearing on the 9th November 2016.

2: Complainant’s Submission

2:1 The Complainant was a Tipper Truck driver employed since July 2007. His employment was terminated on the 4th June 2014.

2:2 The Complainant’s issues were

Ø He was required to work Saturday and Sunday when Irish drivers were off for the weekend.

Ø He was required to work excessive overtime.

Ø He had been directed to work even though there were issues with his valid Tachograph licence.

Ø He was on medication that affected his mental skills.

3: Respondents Submission.

3:1: The Respondent rejected the Complainant’s case on the following grounds

Ø The case was out of time

Ø Weekend working and Overtime working was voluntary. The Complainant was a regular volunteer for both duties. Statistics were provided to demonstrate this.

Ø At no stage in the course of his employment did the Complainant ever raise any grievances in relation to Night work or weekend work with any Manager. The Company has a well-established Grievance Procedure.

Written and oral evidence was provided by the Respondent in support of all these points.

4: Findings and Conclusions of the Equality Officer

4:1 Time Limits

(a) Time Limits

Section 77(5) of the Employment Equality Acts, 1998 to 2011 states -

“(a) Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred...

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