The Complaints Handling Tribunal

The Complaints Handling Tribunal

The EOC Tribunal and matters concerning its operations are provided for under Sections 23 -31 of the Equal Opportunities Act, 2007. These sections provide as follows:

Section 23:
Lodging Complaints
  1. A person may lodge a complaint relating to discrimination, marginalization or any act which undermines or impairs equal opportunities with the Commission.
  2. A complaint made under subsection (1) shall be in writing and signed by the complainant or complainants.
  3. The Commission shall consider or hear the complaint within six months after receipt of the complaint.
Section 25:
Representation by Counsel

A person appearing before the Commission may be represented by a legal counsel at his or her own expense.

Section 27:
Immunity of witness

A witness appearing before the Commission shall have the same immunities and privileges as if he or she were a witness before a court of law.

Section 28:
Witness Allowance
  1. Any person summoned to appear before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses, such allowance as is payable to a witness appearing before the High Court in criminal proceedings.
  2. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.
Section 29:
Appeals
  1. Any person aggrieved by a settlement, recommendation or an order of the Commission may subject to this Act, appeal to the High Court within thirty days after the settlement, recommendation or order of the Commission is communicated to him or her.
  2. The Chief Justice shall make rules of court for regulating appeals under this section.
Section 30:
Application of Court Rules

Where the rules of procedure of the Commission do not provide for a particular matter before the Commission, rules applicable to civil or criminal proceedings in a court of law may be applied by the Commission with such modifications as may be necessary.

Section 31:
Offences relating to administration of the Act
  1. A person shall not hinder, obstruct, molest or interfere with -
    1. a member participating in an inquiry or examination under this Act; or
    2. a person acting on behalf of the Commission, while that person is holding an inquiry or carrying out an investigation under this Act;
    3. a person implementing an order of the Commission.
  2. A person, who contravenes subsection (1), commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or imprisonment for a term not exceeding eighteen months, or both.
  3. A person who;
    1. refuses to employ another person;
    2. dismisses or threatens to prejudice another person in that other person’s employment; or
    3. intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to another person, by reason that the other person -
      1. has made, or proposes to make a complaint to the Commission;
      2. has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to this Act or impairs equal opportunities;
      3. has furnished, or proposes to furnish, any information or documents to the Commission or to a person acting on behalf of the Commission; or
      4. has given or proposes to give evidence before the Commission or to a person acting on behalf of the Commission,
    4. contravenes or refuses to implement any order, or settlement made by the Commission, commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or imprisonment for a term not exceeding eighteen months, or both.