If the Tribunal decides there was discrimination, it can only give a remedy against a person or organization that is named as a respondent in the complaint.
A complainant must apply using a General Application as soon as possible to add a respondent if they learn that a person may be responsible for the discrimination alleged in the complaint, and wants a remedy from that person.
A respondent may also apply to add another person as a respondent if they believe that the person is responsible for the discrimination, and if the complainant consents or does not oppose the application.
(The Tribunal will not add a person the complainant does not want as a respondent, because the complaint can withdraw the complaint against that person.)
You must show three things:
The Tribunal will consider whether adding the respondent would be unfair to any other party or cause too much delay.
For example, if a hearing has been scheduled, another party may say it would be unfair to delay the hearing because they are prepared and ready to proceed
The complaint sets out the area and ground(s) of discrimination. It also sets out facts that, if proved, could establish that the respondent’s conduct had an adverse impact on the complainant and that there is a connection between the conduct and the ground(s) of discrimination.
The facts alleged in the complaint or application must show that the proposed respondent may also be responsible for the alleged discrimination. What did the proposed respondent do (or fail to do) that had an adverse impact on the complainant? What is the connection between the conduct and the ground(s) of discrimination?
For more information about possible contraventions of the Code, see Information Sheets about human rights under the Code.
Allegations against the proposed respondent are filed in time if:
A “continuing contravention” is about conduct that is related or similar, so long as there are not significant gaps in time between events.
Examples include on-going sexual harassment, an on-going failure to accommodate, or the repeated application of a discriminatory policy.
If the Tribunal determines that some or all of the allegations are filed late, it may add the person as a respondent if it determines that it is in the public interest to accept the late- filed allegations, and no one would be substantially prejudiced (harmed) by the delay.
The Tribunal will consider information such as:
For more information about the one year time limit for making a complaint, see Time Limit for Filing a Complaint.