Structured Finance Management (Ireland) Ltd (Represented by Mr Tom Mallon B.L. Instructed by McDowell Purcell Solicitors) v Vadym Kalinin

• Jurisdiction: Ireland
• Judgment Date: 05 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 0504
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.EDA183 ADJ-00000155-B CA-00001088-001
• Date: 05 January 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/16/88

DETERMINATION NO.EDA183

ADJ-00000155-B CA-00001088-001

PARTIES:

Structured Finance Management (Ireland) Ltd (Represented by Mr Tom Mallon B.L. Instructed by McDowell Purcell Solicitors)

and

Vadym Kalinin

DIVISION:

Chairman: Mr Hayes

Employer Member: Ms Connolly

Worker Member: Mr Shanahan

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

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. ADJ-00000155-B CA-00001088-001.

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 14 December 2017. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Mr Vadym Kalinin (the Complainant) against the decision of the Adjudication Officer ref adj-00000155-B issued on 26 August 2016. In it the Adjudication Officer decided as follows

“I find that

1) The respondent did not discriminate against the complainant regarding access to promotion on the grounds of civil status, family status, age and race

2) The respondent did not discriminate against the complainant regarding access to training on the ground of civil status, family status, age and race

3) The complainant was not harassed within the meaning of Section 14A of the Acts

4) The complainant was not victimised as defined in Section 74(2) of the Acts”

4 The Complainant appealed against that decision to this Court on 6 October 2016.

5 The matter was initially dealt with by way of a case management hearing that took place on 16 June 2017. The substantive matter came on before the Court on 14 December 2017.

6 When the matter was called on for hearing the Court noted that the complaint under the Act had been presented to the Workplace Relations Commission on 24 November 2015. His last day of employment was 26 May 2015.

7 Section 77 of the Employment Equality Act 1998 states

(5) (a) Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation to which the case relates or, as the case may be, the date of its most recent occurrence .

(b) On application by a complainant the Director General of the Workplace Relations Commission or Circuit Court, as the...