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WRC time-bars Philip Fagan’s equality complaint against Dolmen Insurance Brokers

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Philip Fagan’s equality complaint against Dolmen Insurance Brokers Limited was out of time and therefore failed. The decision was dated 27 March 2024. Fagan said he was dismissed after objecting to a request to clock out for bathroom breaks related to Crohn’s disease. The company said it dismissed him for performance reasons and denied disability discrimination. The WRC received his complaint outside the six-month limit after his employment ended. Fagan cited his solicitor’s failure to progress the matter, health reasons and lack of knowledge of the time limit, but the adjudication officer found these did not amount to reasonable cause. The merits of the discrimination complaint were not decided.

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