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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part C : Protection of Employees against Discrimination

81. 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.