Elavon Financial Services Ltd (Represented by Marcus Dowling B.L., Instructed by William Fry, Solicitors) v Ciara Mulrooney (Represented by Peter Somers B.L., Instructed by Patrick P O'Sullivan & Company, Solicitors)

JurisdictionIreland
Judgment Date21 March 2018
Judgment citation (vLex)[2018] 3 JIEC 2101
Docket NumberFULL RECOMMENDATION DETERMINATION NO.EDA1821 DEC-E2017-058 et-158467-ee-15
Date21 March 2018
CourtLabour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/76

DETERMINATION NO.EDA1821

DEC-E2017-058 et-158467-ee-15

PARTIES:
Elavon Financial Services Limited (Represented by Marcus Dowling B.L., Instructed by William Fry, Solicitors)
and
Ciara Mulrooney (Represented by Peter Somers B.L., Instructed by Patrick P O'Sullivan & Co, Solicitors)
DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision no DEC-E2017-058

BACKGROUND:
2

2. The Appellant appealed the Decision of the Adjudication Officer to the Labour Court on the 11 September 2017. A Labour Court hearing took place on the 16 March 2018. The following is the Court's Determination:

DETERMINATION:
Background to the Appeal
3

This is Ms Mulrooney's appeal from a decision of an Adjudication Officer (DEC-E2017-058, dated 28 July 2017) under the Employment Equality Act 1998 (‘the 1998 Act’). The Notice of Appeal was received by the Court on 11 September 2017. The Court heard the appeal in Dublin on 16 March 2018. The parties are referred to in the within determination as they were at first instance. Hence, Ms Mulrooney is referred to as the Complainant and her former employer, Elavon Financial Services Limited is referred to as the Respondent.

4

The Complainant alleges that she was discriminated against on both gender and family status grounds on her return from maternity leave in November 2012. She further claims that she was victimised within the meaning of the 1998 Act. Her complaint was received by the then Equality Tribunal on 31 July 2015. She had resigned her employment on 3 April 2015. Accordingly, the Adjudication Officer held that the relevant period within which the Complainant had firstly to demonstrate that a prohibited discriminatory act within the meaning of the 1998 Act had occurred was the period from 1 February 2015 to 3 April 2015. He concluded that there was nothing in the complaint as presented to him from which it could be inferred on a prima facie basis that the Complainant suffered any form of discrimination or victimisation contrary to the 1998 Act within the six-month time period permitted under the Act. On that basis, he found that the complaint had not been referred within time and declined jurisdiction.

The Parties Submissions
5

Mr Dowling BL, for the Respondent, submits that the essence of the complaint referred by the...

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