Equal Treatment in Self-Employment and Occupation

L.N. 379 of 2009

EUROPEAN UNION ACT

(CAP. 460)

Equal Treatment in Self-Employment and Occupation

(Amendment) Order, 2009

IN exercise of the powers conferred by sub-article (2) of

article 4 of the European Union Act, the Prime Minister has made

the following Order –

The title of this Order is the Equal Treatment in Self-

Employment and Occupation (Amendment) Order, 2009 and it

shall be read and construed as one with the Equal Treatment in

Self-Employment and Occupation Order, 2007, hereinafter referred

to as “the principal order”.

Article 4 of the principal order shall be substituted as

follows

“4. Regulations 1 to 8, both inclusive, 12, 12A,

13 and 14 of the relevant regulations, shall be applicable

to all persons, also in relation to conditions for access to

self-employment or to occupation, and the provisions of

sub-regulations (3) and (4) of regulation 1 of the relevant

regulations shall be understood and construed accordingly.”.

Immediately after article 4 of the principal order, there

shall be added the following new article 5

“5. (1) Where an allegation is made that some form

of discriminatory treatment has occurred, the person making

the allegation, or the competent authority, if either deems fit,

shall have the right to send a written notification to any person

or organisation to whom this Order applies, hereafter referred

to as the respondent, of the alleged discriminatory treatment

received, giving any relevant details and requesting a reply.

On receipt of such notification, the respondent shall submit

a written reply within ten working days of the date of receipt

of such notification, giving his version of events and any

grounds for disputing the allegations, as well an explanation

of any relevant procedures adopted by the respondent to

prevent discriminatory treatment.

(2) Any correspondence referred to in sub-

article (1) shall be admissible in proceedings brought before

any Court, and if it appears to the court that the respondent

deliberately, and without reasonable excuse, omitted to

reply within ten working days of the date of receipt of such

notification or that his reply was evasive or equivocal, the

court may draw any inference from that fact that it considers

just and equitable to draw, including an inference that he

committed an unlawful act.

(3) The provisions of sub-article (1) requiring the

respondent to submit a reply shall not apply if, on the date

that the request was made, proceedings had already been

initiated on the matter before the Court.”.

Immediately after article 5 of the principal order, there

shall be added the following new article 6

“6. (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.”.

Immediately after article 6 of the principal order, there

shall be added the following new article 7

“7. (1) Nothing shall prevent any association,

organization or other legal entity, having a legitimate interest

in ensuring that this Order is complied with, to engage itself

either on behalf of or in support of the complainant, with his

or her approval, in any judicial or administrative procedure

which is provided for the enforcement of obligations under

this Order.

(2) The provisions of article 6 (2) of this Order

shall apply to any proceedings commenced in accordance

with this article.”.

€0.28