Coogan v Norfil Ltd [2002] NIFET 451_99 (23 September 2002)

BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Coogan v Norfil Ltd [2002] NIFET 451_99 (23 September 2002)
URL: http://www.bailii.org/nie/cases/NIFET/2002/451_99.html
Cite as: [2002] NIFET 451_99

[New search] [Printable RTF version] [Help]


     
    FAIR EMPLOYMENT TRIBUNAL

    CASE REF: 00451/99FET

    APPLICANT: Mr Martin Coogan

    RESPONDENT: Norfil Limited (In Receivership)

    DECISION

    The unanimous decision of the Tribunal is that the applicant's complaint of unlawful discrimination on the grounds of religious belief and political opinion is dismissed.

    Appearances:

    The applicant did not appear and was not represented.

    The respondent did not appear and was not represented.

  1. As neither party appeared the tribunal considered the applicant's Originating Application and the respondent's Notice of Appearance in accordance with Rules 7(3) and 8(3) of Schedule 1 to the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989.

  2. In his Originating Application the applicant alleged:-

    3. (1) that he had been subjected to ongoing sectarian harassment during the course of his employment;
    (2) that he had complained to management about the alleged sectarian harassment on several occasions but that they had failed to take any remedial actions to deal with it;

    (3) he resigned his post due to the alleged continuing harassment and the respondent's failure to take remedial action to promote a more harmonious working environment.

  3. In its Notice of Appearance the respondent denied the applicant's allegations and contended that he complained to management of harassment and sectarian graffiti for the first time two days before he left and that he refused to co-operate with an immediate investigation.

  4. The onus is on the applicant to prove on a balance of probabilities that he was unlawfully discriminated against on the grounds of religious belief and/or political opinion. Having considered the contents of the Originating Application and the Notice of Appearance , it appeared to the tribunal that there was a clear conflict of fact between the parties which the tribunal was unable to resolve on the documents before it. As the onus lies with the applicant the tribunal concludes that he has failed to prove on a balance of probabilities that he was unlawfully discriminated against by the respondent on the grounds of religious belief and/or political opinion. His complaint is therefore dismissed.

    5. Chairman:

    Date and place of hearing: 23 September 2002, Belfast

    Date decision recorded in register and issued to parties:

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/cases/NIFET/2002/451_99.html