S.L. 452.79 Art. 12Complaints to the Industrial Tribunal.

(1) An employee may present a complaint to the Industrial

Tribunal that his employer has infringed a right conferred on him by these regulations.

(2) Subject to subregulation (3), the Industrial Tribunal shall not consider a complaint under this regulation unless it is presented within the period of four months from the date of the less favourable treatment or the alleged unfair dismissal.

(3) For the purposes of calculating the date of the less favourable treatment, where a term in a contract is less favourable, that treatment shall be treated as taking place on each day of the period during which the term is less favourable, but in any case such period shall only start to run on the lapse of three months from the date of publication of these regulations.

(4) Where an employee presents a complaint under this regulation and the employer claims that the treatment is justified on objective grounds, it shall be incumbent on the employer to prove that the less favourable treatment is so justified on objective grounds.