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High Court, on appeal from Circuit Court, dismisses equal status claim on grounds that it should have been brought before the Equality Tribunal, and that the Circuit Court had no jurisdiction to hear the claim other than by way of appeal from that tribunal.
Equal Status Act 2000 – appeal from the Circuit Court – preliminary issue: jurisdiction of Circuit Court - whether Circuit Court had jurisdiction to hear proceedings under s.21 Equal Status Act 2000 at first instance – Circuit Court Judge had determined that plaintiff was not entitled to bring complaint before Circuit Court in the first instance – initial claim to Equality Tribunal was ruled inadmissible by Tribunal and was not appealed to Circuit Court – whether plaintiff could initiate claim in Circuit Court despite having made unsuccessful claim to Equality Tribunal and having failed to appeal same to Circuit Court – express statutory scheme for redress – Equality Tribunal has exclusive jurisdiction (save for appeals to Circuit Court) in the determination of Equal Status Act 2000 matters – Circuit Court decision to strike out the proceedings is upheld: the plaintiff does not have an entitlement to bring a complaint directly before the Circuit Court pursuant to the Equal Status Act 2000 – plaintiff’s claim fails.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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