Health club allowed to proceed with action against Equality Tribunal

A health club supervisor has been given permission by the High Court to bring proceedings against the Equality Tribunal over its refusal to resume an investigation into her complaint that a less qualified male colleague was paid more and promoted ahead of her.

Joanna Barska has brought High Court aimed at overturning the Tribunal's decision to close the file on her claim for gender related discrimination against her employer, the Brandon House Hotel, New Ross Co Wexford.

Ms Barska of Grange Road, New Ross requested that the Tribunal resume its investigation into her complaint after mediation had failed.

However the Tribunal refused her request and close her case file because the formal request to resume the investigation was made outside the mandatory time limit.

In her judicial review proceedings against the Equality Tribunal, Ms Barska is seeking various orders and declarations from the court aimed at quashing the Tribunal's refusal to resume the hearing of her complaint of gender discrimination.

She is also seeking an order directing the Equality Authority to refer her complaint for investigation and determination by the Director of the Equality Tribunal. She is seeking declarations that the tribunal's decision is unlawful, unreasonable, invalid and ultra vires.

Mr Patrick Quinn Trading as the Brandon House Hotel is a notice party to the proceedings.

Leave to bring the action was granted at the High Court today by Mr Justice Michael Peart, on an ex-parte application (one side only) basis. The Judge made the matter returnable before the High Court later this month.