Hearing Decisions

Substantiated Complaints

If the Tribunal is satisfied that it has received and heard sufficient evidence to support or prove the truth of the complainant’s allegations or suspicions, the Tribunal shall find that the complaint is substantiated. If a complaint is substantiated, the Tribunal shall issue directions requiring the respondent to stop the discrimination and take remedial action within a specific time period or requiring the respondent to pay compensation to any person aggrieved by the discrimination.

Directions may include an order for an employer to redress a contravention by reinstating an aggrieved person if the employer and aggrieved person agree to such an order. If a respondent is required to pay compensation to an aggrieved person, the award may be made in any amount up to CI$20,000 and will include a specific time period for payment. The Tribunal may also make an award for costs.

Incorrect Complaints

If a complaint is found to be incorrect in its allegations or suspicions, the Tribunal shall order the complainant to pay the cost incurred by the Tribunal and the respondent. A complaint may be found to be incorrect in its allegations or suspicions if the alleged act or acts are disproved and/or the alleged act or acts are proved but found to not constitute discrimination within the meaning of the Law or to be acts to which the Law does not apply or which the Law does not affect. Where an act is claimed to be excepted under the Law, the onus of proving the exception is on the respondent claiming the exception. The Tribunal shall notify the complainant and the respondent of this decision in writing, citing any applicable provision or provisions in the Law.

Frivolous or Vexatious Complaints

If a complaint is found to be frivolous or vexatious, the Tribunal shall order the complainant to pay the cost incurred by the Tribunal and the respondent.