Gudacu v Moy Park Ltd (Discrimination - Race) [2019] NIIT 05697_18IT (24 April 2019)

Gudacu v Moy Park Ltd (Discrimination - Race) [2019] NIIT 05697_18IT (24 April 2019)

The claimant failed to prove facts from which the tribunal could conclude that the respondent discriminated against her on grounds of race. All actions by the respondent were based on legitimate business needs or standard procedures, and there was no less favourable treatment compared to comparators. The burden of...

Source-derived case information.

Citation
[2019] NIIT 05697_18IT
Parties
Claimant: Laura Elena Gudacu; Respondent: Moy Park Limited
Jurisdiction
Northern Ireland
Judgment Date
24 April 2019
Procedural Posture
Industrial Tribunal Discrimination (race) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Direct Race Discrimination, Burden of Proof, Detriment, Time Limits, Comparators
Employment Law Equality Law Direct Race Discrimination Burden of Proof Detriment Time Limits Comparators

Source-derived case record

Summary, issues, holding and outcome

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Parties

Laura Elena Gudacu

Claimant

Moy Park Limited

Respondent

Procedural Posture

Industrial Tribunal Discrimination (race) / Final Judgment

Legal Issues

  1. 1 Whether the claimant was directly discriminated against on grounds of race/nationality contrary to Article 3 of the Race Relations (Northern Ireland) Order 1997
  2. 2 Whether the treatment amounted to an act extending over a period
  3. 3 Whether any part of the claim is out of time and if it is just and equitable to extend time

Ratio Decidendi

The claimant failed to prove facts from which the tribunal could conclude that the respondent discriminated against her on grounds of race. All actions by the respondent were based on legitimate business needs or standard procedures, and there was no less favourable treatment compared to comparators. The burden of proof did not shift to the respondent. No prima facie case of discrimination was established.

Court Disposition

Claim dismissed

Orders

  • The claim of direct race discrimination is dismissed in its entirety.