14. Jun 2010
LDO makes an assessment as to whether the complaint can be processed
The Ombud’s confidentiality obligation
The Ombud is obliged to maintain confidentiality. The confidentiality clause applies to information you would normally keep to yourself. It could be information regarding health, a situation in the workplace or other circumstances that you do not wish to disclose to others.
Duty to inform
A person, or a public or private organization, has at the outset a duty to inform the Ombud. This obligation applies even if the party is bound by confidentiality.
Shared burden of proof
When one makes an enquiry to the Ombud, information must be provided that gives the Ombud reason to believe that discrimination has taken place. Then the adversary must prove the opposite. That is called the burden of proof.
An example could be a job applicant who feels that she didn’t get a job because she was pregnant. If she was also as well-qualified as the person who got the job, the employer must prove that the pregnancy was not the cause of the rejection.