This information sheet tells you:
A complainant must:
There are two kinds of changes to a complaint:
You don’t need to apply if you want to add details about conduct in the complaint.
You must apply to add a new allegation in three situations.
Participants need enough time to prepare for the hearing. You can add a new allegation if the hearing is more than 4 months away.
If not, you must show that changing the complaint will help get to a “just and timely resolution” of the complaint.
The Tribunal will consider the effect on the process and the outcome.
In the application, explain:
A respondent may apply to dismiss the complaint. It might be unfair to change the complaint after this happens.
You must show that changing the complaint will help get to a “just and timely resolution” of the complaint.
The Tribunal will consider the effect on the process and the outcome.
In the application, explain:
There is a 1-year time limit to file a complaint.
Here’s how to tell if a new allegation is “in time” or “late”. There are three situations where an allegation is “in time”. An allegation is “late” if one of these situations does not apply.
First, an allegation is “in time” if it happened after you filed the complaint.
Example.
- You filed the complaint on June 15, 2020.
- Conduct after June 15, 2020 is in time.
Second, an allegation is “in time” if it happened up to 1 year before you filed the complaint.
Example.
- You filed the complaint on June 15, 2020.
- Conduct on or after June 15, 2019 is in time.
Third, an allegation is “in time” if:
Example.
- You filed the complaint on June 15, 2020.
- The complaint is about similar conduct from January 2018 to January 2020.
- Conduct after January 2018 is in time.
What if my complaint was late but the Tribunal accepted it?
You must apply unless the allegation is “in time”. See the three situations above where allegations are “in time”.
Example.
- You filed the complaint on June 15, 2020.
- The complaint was about conduct in January 2019.
- The Tribunal accepted your late complaint.
- You want to add another allegation from January 2019.
- It is also late. You must apply to add it.
If the change to the complaint is late, you must show two things.
Reasons include:
- why you are adding the allegation late
- why adding the new allegation would benefit the public
The delay means the time after the 1-year time limit.
Real harm includes things like:
- the respondent no longer has evidence they need to respond to the complaint
Set out any harm. Explain how the Respondent can still defend against the allegation.
Or say, “I know of no harm to the Respondent.”