Paternity Leave and Benefit Act 2016
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Burden of proof | ||
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29. (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 right under this Act to paternity leave; | ||
“employee”, in relation to proceedings under the Act of 1977, has the same meaning as 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 referred to the adjudication officer by an employee, or | ||
(ii) the Labour Court, | ||
or | ||
(b) any proceedings under the Act of 1977 before an adjudication officer or the Labour Court 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 the exercise or proposed exercise by the employee of the right under this Act to paternity leave, | ||
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 Act of 1977 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. |