Oireachtas Joint and Select Committees

Thursday, 18 July 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Employment Appeals Tribunal: Public Petition No. P00027/12

12:55 pm

Mr. Niall McCutcheon:

In response to the question about frivolous and vexatious complaints, the term is in some of the legislation. It is a legal term not a pejorative one and has a very narrow meaning. As director of the Equality Tribunal I am empowered to dismiss a claim which I consider to be frivolous or vexatious or misconceived. Frivolous means that it has absolutely no chance of success. Vexatious means that it is a claim of little merit but which has been taken solely to put the respondent at the cost of defending the claim. In my experience there would be very few cases coming before the Equality Tribunal which meet that test.

The other part is where people do not show. If a complainant does not show the case is dismissed there and then, unless one has a good reason, for example, if the respondent does not turn up and the complainant has a prima facie case the respondent is not in a position to rebut that case and the complaint will succeed.

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