5. How does the EOC conciliate a case? Can the aggrieved person request conciliation?
After receiving a complaint, the EOC must first carry out an investigation and decide whether to discontinue the case, or proceed to conciliation. When the investigation is completed, either side can also request that the case be settled through conciliation. However, conciliation is completely voluntary and either party can stop the process at any time.
The conciliator of the EOC assists both parties to examine the issues that led to the complaint, identify points of agreement and negotiate a settlement to the dispute. The conciliator does not represent either side but only acts as a facilitator.
What are the advantages of conciliation?
- Conciliation is free;
- It is less time consuming than going to court;
- Unlike court cases, there is no media exposure to the individual parties;
- It is less formal compared to court trial.
What settlement terms can I ask for during the conciliation procedure?
Terms depend on the circumstances of the dispute. Normally, it is a reversal of the situation that led to the complaint. For example, if a person was dismissed, he could ask to be re-employed. If he was denied a promotion or transfer, he could ask for the promotion or transfer. If training was denied, he could ask for the admission of the training course. Any of these items could be made as a condition in the settlement term. Other possible items include:
- a letter of apology;
- implement of equal opportunities policies;
- financial settlement/compensation;
- construction of physical access, etc. (for physical disability cases)
For more information about the conciliation procedure, please go to the EOC webpage.