THE EQUALITY TRIBUNAL
EMPLOYMENT EQUALITY ACTS 1998-2008
Decision DEC - E2011-137
Malgorzata Krawzyk-Rosumnaja
versus
Tobin Healthcare Centre
File reference: EE/2009/134
Date of issue: 5th July 2011
Keywords: Employment Equality Act, Discrimination, Race, Conditions of Employment, Equal pay, Non-attendance
Dispute
This dispute concerns a complaint by Dr Malgorzata Krawczyk-Rozumnaja against Tobin Healthcare Centre. The complainant, a Polish National, alleges that she was discriminated against on the grounds of race in relation to her conditions of employment contrary to the Employment Equality Acts 1998-2008 [hereinafter referred to as 'the Acts']. She also claims equal pay with a named Irish comparator.
The complainant referred her complaint under the Acts to the Director of the Equality Tribunal on 24th February 2009. In accordance with his powers under Section 75 of the Act, the Director delegated the case on 10th June 2011 to me, Orlaith Mannion, an Equality Officer, for investigation, decision and for the exercise of other relevant functions under the Part VII of the Act. This is the date I commenced my investigation. Submissions were received from both parties and a Hearing was held on 16th June 2011 as required by Section 79 (1) of the Act.
The complainant was notified, by registered post, of the hearing at the address she gave to the Tribunal. She did not attend the hearing.
Decision
In the light of the foregoing, and in accordance with Section 79(6) of the Act, I issue the following decision:
As part of my investigation under Section 79 of the Act, I am obliged to hold a hearing. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances and that any obligation under Section 79 has ceased. As no evidence was given at the hearing in support of the allegation of discrimination, I conclude the investigation and find against the complainant.
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Orlaith Mannion
Equality Officer