PART VIN.I.ENFORCEMENT OF PARTS III TO V

Enforcement of Part IIIN.I.

[F1Burden of proof: TribunalN.I.

38A.  Where, on the hearing of a complaint under Article 38, the complainant proves facts from which the Tribunal could, apart from this Article, conclude in the absence of an adequate explanation that the respondent—

(a)has committed an act of unlawful discrimination or unlawful harassment against the complainant, or

(b)is by virtue of Article 35 or 36 to be treated as having committed such an act of discrimination or harassment against the complainant,

the Tribunal shall uphold the complaint unless the respondent proves that he did not commit or, as the case may be, is not to be treated as having committed, that act.]