Conciliation- What Can Happen?
There are four possible outcomes from conciliation:
Conciliation may lead to agreement between both sides. Agreements can include:
- changes to policies and procedures to prevent discrimination
- equal opportunity training
- job re-instatement or a transfer, promotion, training, adjustment to hours, pay or conditions
- access to previously refused accommodation, entry to a club, admission to a course or a loan
- a private or public apology
- compensation for economic loss, damages or injury to feelings.
If both sides agree, then the complaint is settled. Both the person who made the complaint and the person responding to the complaint sign a confidential agreement. There is usually no liability attached to an agreement reached between the parties.
The Commissioner for Equal Opportunity confirms in writing that the complaint has been conciliated. In the majority of circumstances this ends any further action being taken on the complaint.
After further discussion or more information, the person who made the complaint may withdraw or not continue with the complaint.
The Equal Opportunity Commissioner may decide not to continue to conciliate the complaint based on the information from both sides.
If both sides do not reach agreement, the person who made the complaint can ask the Commissioner to refer their case to the South Australian Employment Tribunal. This is a public court hearing where the tribunal can make a legal judgment about the case.