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Version status: Published
Version date: 3 October 2019 - onwards

25. Burden of proof

This format of the bill is taken from the text of stage 1 published on 3 October 2019 by Seanad Éireann

(1) In this section -

“discrimination” means -

(a) a failure, which gives rise to a dispute, to comply with a provision of Part 2 or 3, or

(b) an unfair dismissal, within the meaning of the Act of 1977, of an employee resulting wholly or mainly from the exercise or proposed exercise by the employee of the entitlement under this Act to parent’s leave;

“employee”, in relation to proceedings under the Act of 1977, has the same meaning as it has in section 1 of that Act;

“indirect discrimination” shall be construed in accordance with section 22 of the Employment Equality Act 1998 insofar as that section relates to discrimination on the family status ground within the meaning of that Act;

“proceedings” means -

(a) any proceedings under Part 4 of the Act of 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part 2 or 3 before -

(i) an adjudication officer dealing with a dispute under section 41 of the Act of 2015, or

(ii) the Labour Court,

or