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Aster Kassa Guinan’s appeal over time limit for discrimination complaint fails

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court dismissed Aster Kassa Guinan’s appeal against the refusal to extend time for her employment equality complaint against Ballinamore House Nursing Home/Raicam Holdings Limited. The determination was signed on 13 November 2015.

Guinan alleged race discrimination in her employment conditions, victimisation and harassment. Her complaint was presented on 22 October 2013, five months after the most recent alleged act on 23 November 2012.

She relied on difficulty functioning and medical documentation to support her request for an extension. The respondent disputed that the material supported her explanation for the delay. The Court found she knew she could bring a claim, had professional advice about the time limit and had not shown a justifiable excuse. It affirmed the refusal to extend time; the merits of the allegations were not decided.

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