Rights & Remedies
Shared Burden of Proof
Complainant provides presumptive evidence, respondent must prove no discrimination.
Definition
In discrimination disputes before a court or labour dispute committee, the applicant must set out facts from which discrimination can be presumed. It then falls to the respondent to prove that there has been no breach of the principle of equal treatment. If the respondent refuses to provide proof, such refusal is deemed to be an acknowledgement of discrimination.