JAN MONTESINOS Complainant and DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY Respondent

The case of JAN MONTESINOS versus the DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY came before the tribunal to address allegations of discrimination in employment. Montesinos, the complainant, sought to have her complaint referred to the tribunal for resolution, despite the Department’s argument that the complaint was lodged beyond the statutory time limit. The tribunal had to determine whether the complaint was indeed time-barred and, if not, whether it should proceed to the tribunal for a full hearing.

The primary legal issue before the tribunal was whether Montesinos’ complaint was time-barred under the statutory provisions governing the lodgement of discrimination complaints. The Department argued that the complaint was filed outside the allowable period, while Montesinos contended that exceptional circumstances justified the delay. The tribunal also had to consider whether the application to refer the complaint to the tribunal, despite the potential time bar, should be allowed.

In examining the matter, the tribunal noted that while the statutory time limit for lodgement of discrimination complaints was indeed a critical factor, there were provisions allowing for the referral of complaints even if filed out of time, provided certain conditions were met. The tribunal considered the evidence presented regarding the circumstances of the delay and concluded that exceptional circumstances did exist, warranting the referral of the complaint to the tribunal. The tribunal found that the application to refer the complaint should not be struck out and ordered that the complaints be returned to the Discrimination Commissioner for further action in accordance with the law.

Consequently, the tribunal ordered that the complaints be referred back to the Discrimination Commissioner to be dealt with according to law. This decision underscored the importance of considering the specific circumstances of each case when dealing with statutory time limits for the lodgement of discrimination complaints.