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WRC dismisses Mark Smyth’s discrimination complaint against department as out of time

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission dismissed Mark Smyth’s discrimination complaint against the Department of Social Protection as out of time. The decision was dated 14 June 2021.

Smyth said the department had failed to make reasonable accommodations for his learning disability, including providing office space to reduce noise, suitable work assignments and a four-day week. He worked as an executive officer from 3 March 2019 until he resigned on 3 January 2020.

The complaint was referred on 30 June 2020, after the six-month period measured from the alleged latest breach on 3 September 2019. The WRC found there was no reasonable cause to extend the deadline and said it could not proceed to decide the discrimination claim; the merits were not decided.

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