This case is included here as Section 77A dismissals do not come to attention frequently.  It is likely that this claim was dismissed by the Equality Tribunal in accordance with section 77A rather than being assigned to an Equality Officer, investigated and decided in the normal way.  That being the case the complaint would have been processed by the Tribunal quicker than those cases awaiting assignment.

In this case the Labour Court tells us that the Equality Officer dismissed the complaint as misconceived.  The complainant had reached agreement in respect of her claims, including her equality claim, while with the Rights Commissioner.  When the respondent was late making the payment that had been agreed the complainant proceeded with her claim to the Tribunal.  The complainant, in accordance with section 77(2)(a), appealed the Tribunal’s dismissal to the Labour Court (having the power to affirm or quash the dismissal) who gave the parties an opportunity to be heard.  Ultimately, the Labour Court found that the Equality Officer correctly decided the matter under the Act and his Decision was affirmed.

Why this case is of interest

It displays the operation of section 77A.  Had the dismissal not been affirmed but quashed it would have reverted to the Equality Tribunal for hearing in the usual way.

Read the full case: http://bit.ly/1lfJZgA