Burden of Proof in Equality Cases – Continuum*
The case of ADJ-00019998 is an interesting one as it dealt with the issue of continuum of cases.
The respondent in this case submitted that it was not possible for the complainant to include incidents outside the six-month period as being part of a continuum. They contended that separate unconnected assertions do not amount to a continuum. They relied on the case of County Cork VEC and Hurley EDA1124 where the Labour Court noted that
“In order for an act or omission outside the time limit to be taken into account there must have been actual omissions of victimisation (or discrimination) within the time limit”.
The Adjudication Officer in the case referred to the case of County Dublin VEC – Dodo EDA1327/2013 which set out that a discriminatory act must have occurred within the limitation period in order to consider acts occurring outside the statutory period.
It is interesting that the Adjudication Officer in this case dealt with the issue of continuum.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.