The Labour Court overturned a time-limit decision against Tariro Mutyandasvika and referred her race-discrimination and victimisation complaints back for investigation. The determination was signed on 27 June 2016. The Court found that her complaint was submitted within the statutory time limit.
The Congregation of Dominican Sisters of the Rosary and St Catherine of Siena, otherwise Santa Sabina House, had argued that the complaints were out of time. Mutyandasvika said her employer told her on 30 November 2012 that no suitable position was available, and that she complained within a month. The employer maintained that the Equality Officer was right and that her complaint form did not refer to the alleged act.
The Equality Officer had found the complaints out of time and statute barred. The Labour Court set that decision aside and sent the complaints to the Workplace Relations Commission for investigation and decision. The Court did not decide whether discrimination or victimisation occurred; the merits were not decided.