Irish Prison Service discrimination complaint by Ethal Gavin ruled out of time

The Workplace Relations Commission ruled Ethal Gavin’s discrimination complaint against the Irish Prison Service out of time and statute barred, finding it had no incident within the period it could consider. The decision was dated 31 October 2023. Gavin said her removal from a temporary Acting Campus Governor post in 2018 and later treatment concerning promotion, mediation and an HR complaint were discriminatory or victimising. The Prison Service argued that the complaint was outside the legal time limit. Gavin argued that events in 2019 and 2020 brought it within time. The adjudicator found that the alleged removal from the post was outside the period and did not accept that the 2019 investigation report or the HR manager’s complaint in 2020 was discriminatory or victimisation. Because the complaint was out of time, the merits were not decided.