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[1 ] Between 1988 and July 2002 the pursuer was employed as an electrician by the defenders. She was aged 16 when she started work for them and 30 when she resigned. In this action she complains that she has suffered injury to her neck, shoulders and back as a result of the work which was allocated to her at certain times during her employment.
[5 ] Before doing so, I should note that the pursuer called as witnesses a number of the defenders' employees who had either worked with her, instructed her in her work or were part of the Occupational Health Department to whom she reported her complaints. At the close of the pursuer's case, the defenders elected not to call evidence. It did not seem to me that any adverse inference should be drawn from this, since I was not made aware of any individuals who were not called by the pursuer who might have been able to offer assistance.
[12 ] I have indicated earlier that the pursuer took a case of sexual discrimination against the defenders to the Employment Tribunal. The Tribunal found that the defenders did discriminate against the claimant unlawfully in a number of respects. The complaint covered a long period through the 1990s and into the years with which the present action is concerned. The decision and findings of the Tribunal are consistent with my finding that the pursuer genuinely felt that she would be picked upon if she took the breaks from her work which she thought necessary.
[14 ] I shall address separately the more substantial question of causation, namely whether the work on the injection moulder to which the pursuer was assigned in June and July 2001 caused or contributed to the long term injury to her neck, shoulder and back of which she complains in statement 11.
[17 ] In those circumstances, I do not find it proved that the defenders' conduct in putting the pursuer on supervisory duties contrary to the recommendation of the Occupational Health Department caused or aggravated the pain that the pursuer was suffering to her neck, shoulders and arm.
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