DEC-E2019-001

EMPLOYMENT EQUALITY ACTS

DECISION NO. DEC-E2019-001

PARTIES

Ms. Dagmara Malczewska

Vs

Muldowney Partnership

FILE NO’S: EE/2013/488 & and EE/2013/675

DATE OF ISSUE:   21st of January 2019

1. Dispute

This dispute involves claims by the complainant that she was discriminated against by the respondent on the grounds of gender and race, in terms of section 6(2) and contrary to section 8 of the Employment Equality Acts, 1998 to 2015, in relation to her conditions of employment. There is also a claim of Equal pay on the ground of race and of victimisation contrary to Section 74(2) of the Acts.

2. Background

2.1       The complainant referred complaints against the above respondent under the Employment Equality Acts 1998 to 2015 to the Equality Tribunal on the 20th of September 2013 and on the 16th of December 2013.

2.2       In accordance with powers under section 75 of the Employment Equality Acts, 1998-2015 the Director delegated the case on the 1st of June 2018 to me, Orla Jones Adjudicator/Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part VII of those Acts. This is the date I commenced my investigation. Written submissions were received from both parties.   As required by section 79(1) of the Acts and, as part of my investigation, I proceeded to a hearing on the 10th of December 2018.  

2.3       On the day of the hearing neither the complainant nor the respondent attended the hearing.

2.4       This decision is issued by me following the establishment of the Workplace Relations Commission on 1 October 2015, as an Adjudication Officer who was an Equality Officer prior to 1 October 2015, in accordance with section 83 (3) of the Workplace Relations Act 2015.

3. Decision

3.1       As part of my investigation under Section 79 of the Acts, I am obliged to hold a hearing.   I am satisfied that both parties were notified of the hearing arrangements. 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 allegations made, I find that the complainant has failed to establish a prima facie case and the complaints therefore fail.

3.2       In light of the foregoing, I issue the following decision. I have investigated the above complaints and make the following decision.   I find that

1. The complainant has failed to establish a prima facie case of discrimination on grounds of race and/or gender in relation to her conditions of employment.
2. The complainant has failed to establish a prima facie case in respect of an entitlement to Equal Pay with a named comparator, on the ground of race.
3. The complainant has failed to establish a prima facie case in respect of her claim of victimisation. 

 __________________

Orla Jones

Adjudicator/Equality Officer

21st of January 2019