Omar v Norfil Ltd [2002] NIIT 2266_98 (27 August 2002)

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URL: http://www.bailii.org/nie/cases/NIIT/2002/2266_98.html
Cite as: [2002] NIIT 2266_98

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    THE INDUSTRIAL TRIBUNALS

    CASE REFS: 02266/98RR

    02267/98SD

    02268/98UD

    02269/98WP

    APPLICANT: Jamila Omar

    RESPONDENT: Norfil Limited (in Receivership)

    DECISION

    The unanimous decision of the Tribunal is that all of the applicant's complaints are dismissed.

    Appearances:

    The applicant was not present and was not represented at this hearing.

    The respondent was not represented at this hearing.

    REASONS

  1. These reasons are given in extended form.

  2. On 6 December 1999, Receivers were appointed in respect of the respondent, pursuant to Section 56(1) of the Insolvency (Northern Ireland) Order 1989. The Tribunal has therefore amended the name of the Respondent accordingly.

  3. Both parties failed to attend or to be represented at the time and place fixed for the hearing. Neither parties made any representations in writing of the kind envisaged in Rule 8(4) of the Industrial Tribunals Rules of Procedure 1996 and neither party provided any written answer of the kind envisaged in Rule 4(3) of those Rules.

  4. Originally, the applicant's Originating Application contained a complaint of unfair dismissal. However, that complaint was dismissed by a differently constituted Tribunal, because it was out of time. The purpose of this hearing was to consider the other complaints which were specified in the Originating Application. They were complaints of racial discrimination, complaints of sex discrimination and a complaint that the applicant did not receive a contract of employment.

  5. The Tribunal decided to dispose of the application in the absence of the parties. The Tribunal considered the Originating Application in these proceedings and the Notice of Appearance.

  6. The Tribunal noted, in particular, that the onus of proof is upon an applicant who complains of racial discrimination or sex discrimination. The Tribunal decided to dismiss all the applicant's complaints.

    7. Chairman:

    Date and place of hearing: 27 August 2002 at Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/2266_98.html