If the complainant wins their case, the Tribunal will order a remedy for the discrimination. The purpose of the remedy is to put the complainant in the position they would have been in if the discrimination did not happen. It is meant to compensate the complainant, not punish the respondent.
At a hearing, the complainant gives evidence showing the effect of the discrimination and to support the remedies that they ask for. A complainant may ask for the following remedies:
This orders the person who discriminated to stop the discrimination and not to commit the same or similar discrimination again. The Tribunal must make this order if it finds the complaint justified.
This says that the conduct complained of or similar conduct is discrimination.
If the discrimination is part of a pattern or practice, the Tribunal can order the respondent to take action or adopt a program to fix the discrimination.
For example, a complainant can ask for their job back, for a licence or benefit that was denied, or for the chance to compete for a job without discrimination.
A complainant can ask for lost pay. Usually this is wage loss, but it can include lost benefits, such as health, pension or employment insurance benefits.
Learn more about compensation for lost wages.
A complainant can provide receipts or other evidence to prove expenses because of the discrimination. This could be expenses to attend the hearing, or expenses to prove the complaint, like the cost of a medical report.
A complainant gives evidence about how the discrimination affected their dignity, feelings and self-respect.
The Tribunal considers the circumstances of the case such as:
Learn more about compensation for injury to dignity, feelings and self-respect.
A complainant can ask for interest on the amounts ordered.