Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Ten : Monitoring, Enforcement and Legal proceedingsPart C : Protection of Employees against Discrimination81. Burden of proof |
In any proceeding in terms of this Part—
(a) | an employee who alleges that a right or protection conferred by this Part has been infringed, must prove the facts of the conduct said to constitute such infringement; and |
(b) | the party who allegedly engaged in the conduct in question must then prove that the conduct did not infringe any provision of this Part. |