Equal Status Act 2000

F84 [ Burden of proof.

38A

38A. (1) Where in any proceedings facts are established by or on behalf of a person from which it may be presumed that prohibited conduct has occurred in relation to him or her, it is for the respondent to prove the contrary.

(2) This section is without prejudice to any other enactment or rule of law in relation to the burden of proof in any proceedings which may be more favourable to the person.

(3) Where, in any proceedings arising from a reference of a matter by the Authority to the F85 [ Director of the Workplace Relations Commission ] under section 23(1) , facts are established by or on behalf of the Authority from which it may be presumed that prohibited conduct or a contravention mentioned in that provision has occurred, it is for the respondent to prove the contrary. ]

Annotations:

Amendments:

F84

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 64, commenced on enactment.

F85

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).