County Louth vocational Educational Committee -v- Equality Tribunal [2016] IESC 40 (13 July 2016)

County Louth vocational Educational Committee -v- Equality Tribunal [2016] IESC 40 (13 July 2016)

The Equality Officer has not yet made a final decision on the jurisdictional issue; she is lawfully entitled to determine the scope of her jurisdiction after hearing all evidence. The statutory scheme does not require a preliminary ruling, and the officer's approach does not amount to acting ultra vires. The appeal must be dismissed as there is no basis for judicial intervention before a decision is made by the officer.

Citation
[2016] IESC 40
Parties
Applicant/appellant: County Louth Vocational Education Committee (now Louth and Meath Education and Training Board); Respondent: Equality Tribunal; Notice Party: Pearse Brannigan
Jurisdiction
Ireland
Judgment Date
13 July 2016
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Dismissal of Judicial Review Application
Outcome
Appeal dismissed
Legal Topics
Discrimination, Jurisdiction of Statutory Tribunals, Limitation Periods, Procedural Fairness, Ultra Vires Actions
Employment Law Equality Law Administrative Law Discrimination Jurisdiction of Statutory Tribunals Limitation Periods Procedural Fairness Ultra Vires Actions

Case Brief

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Parties

County Louth Vocational Education Committee (now Louth and Meath Education and Training Board)

Applicant/appellant

Equality Tribunal

Respondent

Pearse Brannigan

Notice Party

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Dismissal of Judicial Review Application

Legal Issues

  1. 1 Whether the Equality Tribunal is confined to investigating only those incidents of discrimination notified within the statutory six-month period or may also investigate other alleged incidents notified outside that period.
  2. 2 Whether the equality officer must make a preliminary ruling on jurisdiction before hearing all evidence.
  3. 3 Whether the officer acted ultra vires in refusing to limit the investigation to the original complaint.

Ratio Decidendi

The Equality Officer has not yet made a final decision on the jurisdictional issue; she is lawfully entitled to determine the scope of her jurisdiction after hearing all evidence. The statutory scheme does not require a preliminary ruling, and the officer's approach does not amount to acting ultra vires. The appeal must be dismissed as there is no basis for judicial intervention before a decision is made by the officer.

Court Disposition

Appeal dismissed

Orders

  • Inquiry before the Equality Tribunal to be resumed and continued by the equality officer.
  • No judicial intervention or declaration granted; the officer to determine the jurisdictional issue in the first instance.