S.L. 452.95 Art. 10Industrial Tribunal and other civil proceedings.

(1) A person claiming to have been subjected to discriminatory treatment, whether direct or indirect, in relation to his employment in terms of these regulations may, within four months of the alleged breach, refer the matter to the Industrial Tribunal for redress as provided in article 30 of the Act.

(2) Without prejudice to subregulation (1), a person who alleges that any other person has committed in his or her regard any unlawful act under these regulations shall, within four months of the alleged breach, have a right of action before the competent court of civil jurisdiction requesting the court to order the defendant to desist from such unlawful act and, where applicable, to order the payment of compensation for such damage suffered through such unlawful act.

(3) In any proceedings mentioned in subregulations (1) and (2), where persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish, before the Court or Industrial Tribunal, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no breach of the principle of equal treatment on the hearing of the complaint, and the Court or Industrial Tribunal shall uphold the complaint if the defendant does not prove that he did not commit that unlawful act.

(4) Subregulation (3) shall, insofar as discrimination based on sex is concerned, also apply to situations covered by the Protection of Maternity (Employment) Regulations, the Parental Leave

Entitlement Regulations, and the Urgent Family Leave Regulations.