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2002

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EET025

FULL RECOMMENDATION

REE/02/2
DECISIONNO.EET025

SECTION 77(6), EMPLOYMENT EQUALITY ACT, 1998



PARTIES :
TYCO HEALTHCARE IRELAND LIMITED

- AND -

A WORKER
(REPRESENTED BY JOHN NOLAN AND CO. SOLICITORS)


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
SUBJECT:
1. Application for extension of time limit under S77(6) of the Employment Equality Act 1998.


BACKGROUND:

2. The worker referred her case to the Labour Court on the 21st May 2002. Submissions were received from both parties. The Court investigated the case in accordance with Section 77(6) of the Employment Equality Act, 1998, on the 8th August 2002. The following is the Court's decision:-












DECISION:

The Court has considered the written submissions of the parties on the application by the complainant, pursuant to Section 77(6) of the Act, for a direction that the time for the bringing of the complaint be extended.

The Court notes that the reason for the delay in submitting the claim was due to the failure of her legal advisors to file the proceedings on time.

The Court is not satisfied that the circumstances disclosed constitute "exceptional circumstances" and accordingly, the application for an extension of time specified in Section 77(5) is denied.



Signed on behalf of the Labour Court



Caroline Jenkinson
12th August, 2002______________________
HMCD/MB.Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Helena McDermott, Court Secretary.




 
 
 
 
 
 
 
 
 

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