Both employers and employees need to be aware of the importance of time limits set by the Court when considering discrimination claims.

In a recent case, TOMAS v TECHNICOLOR PTY LTD & ANOR, Connolly FM refused an application to extend the time in which the applicant could file her application pursuant to section 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth).

The allegations involved sexual harassment and sex discrimination and victimisation. Despite the serious nature of the claim  his Honour held “The 60 day time limit is a generous one – the time limit was formerly 28 days, until it was extended by the Disability Discrimination and Other Human Rights Amendment Act 2009 (Cth).  The starting position is that time limits must be observed.  The Court should not extend time unless positively satisfied that it should do so in the circumstances of this case.”

If you have been served with a discrimination claim or are considering making an action, make sure you receive proper legal advice regarding the relevant time limits.

For more information contact Ray Travers on r.travers@pigott.com.au.