If the Commission finds that there has been a violation, and it considers that the subject matter of the complaint can be resolved by conciliation, the matter will be referred for Conciliation.
However, either party to the complaint may seek to proceed by Conciliation at any stage during the investigation before the matter is referred, as long as the other party agrees.
Conciliation is an informal process where the complainant and the respondent have the opportunity to discuss issues in the complaint in an attempt to arrive at an amicable resolution.
Conciliation is not a Court hearing and the conciliator does not decide if anyone is right or wrong or how the complaint should be resolved. This is entirely up to the parties. The conciliator is merely there to ensure that the process is fair and to assist both parties.
The Conciliator is impartial and will set the standards for the meeting. He/She decides how the conciliation process will be conducted. The Conciliator will advise both parties as to the number of persons allowed at the conciliation meeting. It is not necessary for the parties to be represented by a lawyer but if either party decide to have one they must pay for that service privately.
Conciliation is a confidential process and will not form part of any further proceedings related to the complaint.
If both parties reach an agreement, a formal written agreement will then be prepared, signed by both parties and registered at the Equal Opportunities Commission Tribunal where it then becomes an order of the Tribunal.
What happens if the complaint is not resolved by conciliation?
If the complaint is not resolved, the Commission may request more information from the parties before making a final decision about the complaint.
If the Commission is satisfied that the complaint cannot be resolved and the Commission considers that there has been a breach of the Act, the Commission will prepare a report relating to the investigation and have the matter heard interparties. The Commission will hear the matter and make a decision or recommendations, send a copy of the decision to the parties to the complaint and make said decision available for inspection by the public.
What happens if a party is not satisfied by the decision of the commission?
Under Section 29 of the EOC Act, any person aggrieved by the settlement, recommendation or an order of the Commission may appeal to the High Court within thirty (30) days.
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