33A.—(1) In this section—

"discrimination" means—

(a) a failure, which gives rise to a dispute, to comply with a provision of Parts II to IV, or

(b) an unfair dismissal (within the meaning of the 1977 Act) of an employee resulting wholly or mainly from—

(i) the employee’s pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matters connected therewith, or

(ii) the exercise or proposed exercise by the employee of the right under this Act to any form of protective leave or natal care absence, within the meaning of Part IV, or to time off from work to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or to time off from work or a reduction of working hours for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004);

"employee", in relation to proceedings under the 1977 Act, has the meaning assigned to it by that Act;

"indirect discrimination" shall be construed in accordance with section 22 (as amended by Regulation 4(b) of the European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001)) of the Employment Equality Act 1998 insofar as that section relates to discrimination on the gender ground within the meaning of that Act;

"proceedings" means—

(a) any proceedings under F68[Part 4 of the Workplace Relations Act 2015] before—

(i) a F68[adjudication officer] dealing with a dispute referred to the F68[adjudication officer] by an employee, or

(ii) the F68[Labour Court],

or

(b) any proceedings under the 1977 Act before a F68[adjudication officer], the F68[Labour Court] F69[…] in which a claim is made by an employee for redress under that Act for unfair dismissal on the grounds that the dismissal resulted wholly or mainly from—

(i) the employee’s pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matters connected therewith, or

(ii) the exercise or proposed exercise by the employee of the right under this Act to any form of protective leave or natal care absence, within the meaning of Part IV, or to time off from work to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or to time off from work or a reduction of working hours for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004),

and includes any subsequent proceedings, including proceedings on appeal, arising from the claim.

(2) Where in any proceedings facts are established by an employee from which it may be presumed that there has been discrimination or indirect discrimination in relation to him or her, it shall be for the respondent to prove the contrary.

(3) This section is without prejudice to section 6(6) of the 1977 Act or any other enactment or rule of law in relation to the burden of proof in proceedings which may be more favourable to such an employee.

(4) Nothing in this section shall operate to reduce the existing level of protection for employees in relation to the burden of proof in proceedings.

(5) The European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001) are revoked insofar as they apply to proceedings (within the meaning of this section).]