Meanings in the context of Employment Law

[Zikria Yamin]

Dear Seniors,
Please tell me in detail about the meanings of the followings in context of Employment Law.

1- Burden of Proof
2- Victimisation
3- Sex Discrimination Under Sex Discrimination Act.

please reply.

[kamranACA]

Meanings are almost apprent from the description of your questions. However, I would come back to you after having concrete replies in legal terms. We will have to see Labour Code/Labour Laws for these definitions. I have these books in my office library. Just need some time to check them out.

However, you can also consult "Black Laws Dictionery", if you can get from some library.

Kamran.

[Zikria Yamin]

Dear Sir,
I'll be very thankful to you.

[kamranACA]

Dear,

Let me write down something for you.


BURDEN OF PROOF

The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof.

It is the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue. The burden of proof is sometimes upon the defendant to show his incompetency.


SEX DISCRIMINATION

Discrimination covers and refers to unfair treatment such as age, disability, sex, national origin, race, color, or religious beliefs. Unfair treatment that occurs in the workplace, housing, public accommodations, education, voting rights, or criminal process may implicate antidiscrimination laws. To prove discrimination under the discrimination law, ONE must show actual damages, a discriminatory motive, and a pattern of unfairness against other people who share your protected characteristics.

Sex discrimination normally refers to a situation of prefering or not prefering an employee on the basis of his/her sex. Typically this term is used for a non-preference of females for jobs and for other tasks and goals just becoz they are females. Governments make various laws to regulate jobs and to reduce sex discrimination in society for an increased growth of the economy. This provides the women a protection against non-preference by men for different purposes.


VICTIMISATION

Victimisation is a situation where an employee is singled out for using their workplace complaints procedures or exercising their legal rights.

For example, bringing a complaint of discrimination or giving evidence or information on behalf of another employee who has brought proceedings for discrimination.

Victimisation is unlawful where a person has been treated less favourably than another person because

1)They have made allegations of race, sex or disability discrimination or unequal pay. It does not matter if the allegations are not true, providing they were made in good faith.

2)It is known that he or she intends to bring a case under the [equality] legislation.

3)He or she has given evidence in such a case.

On the other hand, Victimisation is also an act that exploits or victimizes someone (treats them unfairly). Examples are the capitalistic exploitation of the working class and paying Blacks less and charging them more as compared to whites.

Hope it would be beneficial.

Regards,

Kamran.

[Zikria Yamin]

Thanks Sir, KAMRAN Sahib