The burden of proof in cases of this nature is initially on the complainant to give facts which have sufficient weight to enable a case officer hearing the case to presume there has been discrimination. The complainant must prove on the balance of probabilities that there was unlawful discrimination.

This means that if the complainant gets over this initial hurdle, the onus of proof and focus is then on the employer prove there was no discrimination whatsoever. This can be an onerous obligation for the employer.

Strict time limits are in place for submitting an employment law related complaint to the Workplace Relations Commission. A legal action must be commenced within 6 months beginning on the date of the contravention to which the complaint relates. Therefore, it is necessary to submit the Workplace Relations complaint form to the Workplace Relations Commission online or via post, and an applicant should ensure they have confirmation the claim has been received.

There is a very short window for legal action in employment law cases, and any person who wants to know their options, should obtain legal advice sooner rather than later, and they decide what they wish to do.

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.