Communicated on 27 November 2020
Published on 14 December 2020
FIFTH SECTION
Application no. 13388/19
Bogusław MADAJCZYK
against Ireland
lodged on 5 March 2019
SUBJECT MATTER OF THE CASE
On 16 March 2014 the applicant lodged a complaint with the Equality Tribunal claiming that his employer had subjected him to discrimination and harassment based on his age and disability. The functions of the Equality Tribunal were later transferred to the Workplace Relations Commission. On 13 January 2016 the applicant’s complaint was assigned to an Adjudication Officer in the Workplace Relations Commission for investigation. A hearing took place on 5 February 2016. The parties provided further submissions in March 2016. On 7 September 2018 the adjudicating officer issued a decision rejecting the complaint.
The applicant complains that the period of 4 years and 6 months between the submission of his complaint to the Equality Tribunal on 16 March 2014 and the date of the decision on 7 September 2018 is incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention and that under Article 13 he has no effective domestic remedy for this violation.
QUESTION TO THE PARTIES
1. Was the length of the civil proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
2. What actions were taken in the proceedings by the parties, the Equality Tribunal and the Workplace Relations Commission between the submission of the applicant’s complaint on 16 March 2014 and the issue of a decision on 7 September 2018?
3. Did the applicant have at his disposal an effective domestic remedy for his complaint under Article 6 § 1, as required by Article 13 of the Convention?
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