Preparing for a Hearing

The Anti-Discrimination Stream is completely separate and independent from OADC. The role of OADC is to investigate complaints. That phase is now complete and OADC has no further involvement in the matter.

Now that the complaint has been referred to the Tribunal, the inquiry (hearing) phase has commenced and the complaint is managed by the Tribunal.

The party who brings the complaint (complainant) has the burden of proving the complaint. Generally speaking, the complainant’s case will proceed first. The party against whom the complaint is made (respondent) is given the opportunity to question each of the witnesses presented by the complainant.

The complainant is given the opportunity to question each of the witnesses presented by the respondent.

The Tribunal is:

• To conduct an Inquiry with as little formality and as best as the requirements of the Act and a proper consideration of the matters before the Tribunal permit.
• Not bound by the rules of evidence but must observe the rules of natural justice.
• Impartial and objective.

The Registry staff and the Tribunal Members cannot provide legal advice to a party about their case. Questions about procedure and seeking clarification of the Tribunals processes may be asked of staff and the Tribunal Members during the proceedings.

You can find more information on inquiry procedures on our Inquiry Procedures Information Sheet.

You do not need to have a lawyer.

If you wish to be legally represented, your legal representative must seek leave from the Tribunal to appear and any other party to the proceedings will be given the opportunity to object should they wish to do so.  The Tribunal Member will then determine whether you can be legally represented.