The Labour Court dismissed Tom Whelehan’s appeal against the HSE after finding his disability discrimination and victimisation complaints were brought outside the time limit. In its determination dated 18 November 2009, the Court affirmed the Equality Tribunal’s decision on the preliminary time-limit question; the merits were not decided.
Whelehan said documents created during an investigation into an assault he reported contained discriminatory and victimising material. He said he learned of the documents in February 2007 and complained promptly. The HSE denied the allegations and argued the claim was late because the documents had been created in 2001.
The Court found that, if the documents were discriminatory, the acts occurred when they were created or communicated in 2001, outside the time limit. It also found no evidence that the HSE had made a misrepresentation about the documents. The appeal was disallowed.