Procedure for Investigation Regulations, 2011

L.N. 316 of 2011

EQUALITY FOR MEN AND WOMEN ACT

(CAP. 456)

Procedure for Investigation Regulations, 2011

IN exercise of the powers conferred by article 18(3) of the

Equality for Men and Women Act, the Minister of Education,

Employment and the Family, has made the following regulations:-

The title of these regulations is the Procedure for Citation.

Investigation Regulations, 2011.

(1)

In these regulations unless the context otherwise Interpretation.

requires:-

“the Act” means the Equality for Men and Women Act;

“the Commission” means the National Commission for

the Promotion of Equality established in terms of article 11

of the Act and includes any officer of the Commission duly

authorised by it to act on its behalf for a specific purpose or

class of purposes under the Act;

“the Commissioner” means the Commissioner for the

Promotion of Equality appointed under article 11 of the Act;

“wrongful act” means an act which allegedly is in breach

of any provision of the Act.

(2) Words and phrases used in these regulations shall

have the same meaning given to them in the Act.

(1) In carrying out investigations, whether upon receipt Assistance to the

of a complaint or in general investigations, the Commissioner Commissioner.

shall be assisted by a member of the Commission and by a person

holding a degree in law, who need not be an employee of the

Commission.

(2) Both persons referred to in sub-regulation (1)

shall be appointed by the Commission to assist the Commissioner

in a particular investigation, but a member of the Commission

or person holding a degree in law may be appointed to assist the

Commissioner on two or more investigations at the same time

P r o v i d e d t h a t t h e C o m m i s s i o n m a y, i f i n t h e

circumstances it deems it proper to do so, appoint a panel

consisting of members of the Commission and a panel consisting

of persons holding a degree in law, from which respective panels

one member of the Commission and one person holding a degree in

law shall be assigned to assist the Commissioner in any particular

investigation.

(3) The persons so appointed, or their substitutes,

under the provisions of this regulation to assist the Commissioner,

shall be present for each meeting of the investigation for which

they are appointed.

No person other than the persons referred to in regulation

3, the parties to the investigation and their legal counsel, if any,

and witnesses called by the Commissioner or other persons whom

the Commissioner considers to be directly concerned in the

investigation shall be present at any meeting of the investigation

Provided that the Commissioner may, at his own

discretion, exclude any person referred to in this sub-regulation

from attending the meeting, or any part thereof, without prejudice

to the right of such person to have access to the minutes of the

meeting.

(1) Without prejudice to the provisions of article 5

of the Act, when commencing an investigation in exercise of

the functions referred to in article 12 (g) and (h) of the Act, the

Commissioner shall with the assistance of the Commission, notify

by means of a registered letter all the parties concerned that he

intends to carry out an investigation.

(2) In the notice of commencement of an investigation

to the person who is allegedly responsible for the wrongful act, the

Commissioner shall inform such person of the allegations made in

his regard and shall moreover have the right to request such person

to provide, within ten working days, a report on the allegations

made

Provided that the Commissioner shall have the right to

commence, and proceed with, the investigation whether the report

is submitted, by the person so requested, within the stipulated time

or not.

(3) In the notice of commencement of an investigation,

the Commissioner shall moreover formally request the parties

concerned whether they accept to be bound by the findings of the

Commissioner in accordance with article 18 (2) of the Act.

(1) The Commissioner, with the assistance of the Information required

Commission, may request from any person any information as may for the investigation.

be deemed by the Commissioner to be required for the carrying out

of the investigation.

(2) The Commissioner may, by registered written

notice and with the assistance of the Commission, request any

person

(a) to provide any information that may be described

in the notice within such time as is therein indicated;

(b) to attend and give oral information about the matter

specified in the notice and to produce all documents in his

possession or control relating to any such matter at a meeting

scheduled for such purpose

Provided that, a person shall not be obliged to give

information or produce a document requested in the notice,

if that person is deemed to be exempt from providing that

information or producing that document before a court in civil

proceedings.

(3) Where a person so requested, in accordance with

the provisions of this regulation, fails to abide by the request of the

Commissioner within the stipulated time, the Commissioner may

request, by means of an application, the Civil Court, First Hall, to

order such person to comply with the notice issued to him in terms

of sub-regulations (1) and (2); the court may also be requested

to give any other order which it may consider appropriate and

required according to the specific circumstances of the case.

(1) An investigation commenced upon receipt of Withdrawal of

a complaint, shall be discontinued upon the withdrawal of the

complaint

Provided that this shall not prohibit the Commissioner,

with the assistance of the Commission, from initiating a general

investigation on the basis of any information already collected

during that investigation initiated on a complaint.

(2) Where the investigation upon receipt of a complaint

is discontinued according to sub-regulation (1), the Commissioner

shall inform in writing the complainant and the person against

whom the complaint is directed that the investigation has been

discontinued.

Where the Commissioner mediates between the

complainant and the person against whom the complaint is

directed, in terms of Article 18 (1)(b)(ii) of the Act, and the person

against whom the complaint is directed, or the complainant,

fails to abide by the terms negotiated during the mediation, the

Commissioner may, by means of an application, request the Civil

Court, First Hall, to order such person failing to abide by the terms

of the mediation to undertake all necessary remedial action as may

be ordered by the court.

(1) In the case of an alleged discrimination by one

person against another and where the Commission considers it so

appropriate in terms of article 18 (4) of the Act, the Commission

may refer the matter to the competent court or to the Industrial

Tribunal for redress.

(2) In the case of an alleged discrimination as referred

to in sub-regulation (1), the Commission may, if it deems it

appropriate, join in and become a party to the suit.

€0.36