How do I make a claim against my employer to the Human Rights Tribunal of Ontario?
Question & AnswerHow do I make a claim against my employer to the Human Rights Tribunal of Ontario?
4. Go to mediation if you agree to it
If you and your employer agree to , the Tribunal sends you a Notice of Mediation. The Notice gives the time and place for the mediation. Contact the Tribunal within 5 days of getting the Notice if you need:
- a language interpreter
- because of a or other reason related to your human rights
- to change the date for a good reason, for example, you will be away from Ontario or you have another hearing in a court or tribunal
If you ask to change the date, you have to give other dates. It helps if the employer agrees to the other dates. There are rules you have to follow if you ask to change the date.
Think about what you want
Think about what you want to get and what’s most important to you. Mediation usually doesn’t work unless both you and your employer give up something. So you might not be able to get the full amount of money you ask for in your claim. Some people make an agreement because they don’t want to wait for or go to a hearing.
Who will be at mediation
If you have a lawyer or paralegal representing you, they should come with you. You can also bring a family member, friend or other support person.
A Tribunal member will be the . If you don’t reach an agreement, a different Tribunal member decides your claim after a hearing.
Mediation usually starts with everyone in the same room. Tell the Tribunal if you don’t want to be in the same room as your employer. For example, if your employer sexually harassed you, you might ask to be in a separate room.
What happens at mediation
The mediator decides how to proceed. Usually, they start by going over what the claim is about. Then they meet with you and the employer separately.
The mediator may:
- help you understand your rights by explaining the law
- ask you questions
- suggest how you and your employer might be able to agree
You don’t have to agree to anything if you don’t want to. You can choose to have a hearing.