S.L. 460.16 Art. 6Right of action before competent court.

(1) Any person claiming to have been subjected to discriminatory treatment, whether direct or indirect, in relation to conditions for access to self-employment or to occupation in terms of this Order or any person alleging that any other person has committed in his or her regard any unlawful act under this Order 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.

(2) In any proceedings mentioned in sub-article (1), where persons who consider themselves wronged because the principle of equal treatment has not been applied to them establish before the Court 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 shall uphold the complaint if the defendant does not prove that he did not commit that unlawful act.