Chapter Ten: Monitoring, Enforcement and Legal proceedings
Part C: Protection of Employees against Discrimination
81. Burden of proof

 

 

In any proceeding in terms of this Part--

a)       an employee who alleges that a right or protection conferred by this Part has been infringed, must prove the facts of the conduct said to constitute such infringement; and

b)       the party who allegedly engaged in the conduct in question must then prove that the conduct did not infringe any provision of this Part.