Responding to a Complaint
Due to major reform of the State's employment rights/workplace relations institutions, all complaints lodged with the Equality Tribunal are received by:
Workplace Relations Customer Service,
Department of Jobs, Enterprise and Innovation,
A person who feels they have been unfairly discriminated against is entitled to ask the respondent for information which he or she may need to decide whether to refer the matter to the Equality Tribunal and to help them find out what actually happened. Forms for this purpose are available for download on this site.
A reply form allows a respondent to set out the reply to the complainant but there is no obligation to reply. This form is available for download further on on this page. If there is no reply or if the information is false or misleading, the Acts allows the Tribunal to draw inferences from this, if appropriate, when reaching a Decision.
How is a complaint made?
A complaint must be referred to the Equality Tribunal within 6 months of the last incident in question. The Director can extend this period to 12 months, where there is reasonable cause to do so, but the complainant must apply for extension and must show why there is reasonable cause to extend.
What happens when a complaint is received?
The complaint form and any other papers which are relevant will be copied to the respondent. The complainant may be asked for more details, and any answers received will be copied to you.
The case will be referred to mediation unless either party objects. Mediation is where both sides are helped to reach an agreement. An Investigation is where an Equality Officer hears all the evidence and makes a Decision. Both outcomes are legally binding.