CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 153

142

Onus of proof.

J.

Civil proceedings not barred.

ower to dor with vidence

taken down by nother

officer.

37. In all proceedings under this Ordinance the onus of

proving that he is not the employer or the person who duty it is under this Ordinance or under ny rule made thereunder to do or abstain from doing anything shall be on the person who alleges that he is not the employer.

38. Nothing in this Ordinance shall operate to prevent any employer or worker from enforcing his respective civil rights and remedies for any breach or non-performance of an agreement or contract by any suit in Court in any case in which proceedings are not instituted, or if instituted are not proceeded with to judgment and satisfaction under this Ordinance.

39. Where the Commissioner, or any officer performing the

duties or exercising the powers conferred on the Commissioner, has for the purpose of enquiry into any matter under this Ordinance taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding such enquiry, any successor to such Commissioner or other officer may deal with such evidence or memorandum as if he had taken it down or made it end proceed with the enquiry from the stage at which his predecessor left it.

NOTE: A General Penalty section is necessary.

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