Dunnes Stores -v- Guidera, [2018] IEHC 503 (2018)

Docket Number:2018 No. 335 MCA
Party Name:Dunnes Stores, Guidera

THE HIGH COURT[2018 No. 335 MCA]




JUDGMENT of Mr. Justice Richard Humphreys delivered on the 10th day of September, 2018

  1. On 18th December, 2017, an adjudication officer of the Workplace Relations Commission upheld a complaint made by the respondent against the appellant under the Employment Equality Act 1998. An appeal was lodged to the Labour Court, which issued a determination on 30th July, 2018 headed “In The Matter of Section 44, Workplace Relations Act, 2015 and Section 83(1), Employment Equality Acts, 1998 to 2015”. That determination was received by the appellant on 31st July, 2018.

  2. The appellant now applies ex parte for an order under O. 106 r. 5 of the Rules of the Superior Courts 1986, extending the time for an appeal from that determination of the Labour Court to the High Court. Jurisdiction to extend time is set out in O. 106 r. 5, which provides that an originating notice of motion under O. 106 r. 2 should be issued within 21 days of the date on which the determination of the Labour Court was given, provided that the time can be extended on application ex parte within six weeks from that date. On the appellant’s calculations, which I am prepared to accept for the purposes of the ex parte stage, the appellant is still within the six-week period in terms of an application made on 10th September, 2018.

  3. Determining the applicable time limit here involves the interplay of a number of statutory provisions as follows:

    (i). Order 106 r. 2 refers to an appeal to the High Court on a point of law from a determination of the Labour Court under s. 90(1) of the Employment Equality Act 1998.

    (ii). Section 90(1) of the 1998 Act in turn refers to a determination made by the Labour Court of “an appeal under this Part”, meaning Part VII of the 1998 Act, which encompasses ss. 74 to 106.

    (iii). The first pertinent section is s. 79, which allows for the investigation of certain complaints by the Director General of the Workplace Relations Commission.

    (iv). Pivotal here is s. 83 of the 1998 Act, which applies s. 44 of the Workplace Relations Act 2015 (and I note here, crucially, s. 44 alone and not the entirety of Part 4 of the 2015 Act), to a decision of the Director General under s. 79 of the 1998 Act in the same manner that s. 44 of the 2015 Act applies to an adjudication under s. 41 of that Act.

    (v). Part 4 of the 2015 Act covers ss. 38 to 53. Section 41 allows for applications...

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