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Human Rights

Human Rights. Administering Human Rights Legislation. Human Rights Legislation. HR Commission- government created body to enforce various human rights codes and make decisions about complaints Example of Administrative Law Commissions, board of inquiry, adjudicator, and Tribunals

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Human Rights

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  1. Human Rights Administering Human Rights Legislation

  2. Human Rights Legislation • HR Commission- government created body to enforce various human rights codes and make decisions about complaints • Example of Administrative Law • Commissions, board of inquiry, adjudicator, and Tribunals • HR Commissions are also acting as an educative role to promote positive relationships and to deal with social tensions

  3. Human Rights Legislation • Example: 2007 a wave of violence against Asian- Canadian anglers in small Ontario towns • HR Commission set up an inquiry and determined that the situation needed to be solved and a campaign was created • ‘Fishing without Fear” • Recommendations for developing race relations, training for conservation officers and promoting anti racism in local schools

  4. Filing a Complaint • Complainant- the person making the allegation of discrimination • As the accuser it is up to you to prove your case • Example: You feel that during a hiring interview you feel discriminated against you must prove that: • You were qualified for the particular employment • You were not hired for the job • Someone no better qualified than you was hired- someone who lacked the distinguishing feature of your complaint • If all of this is met, your case “might” go to a commission or tribunal

  5. Filing a Complaint • The commission will inform you if your complaint is covered by the OHRC • If so, the commission will serve your claim to the respondent (the person or group you are alleging discrimination) • The respondent will then be asked to formally respond to the claim

  6. Dismissing a Complaint • At this stage the HR Commission may dismiss the complaint for the following reasons: • There is no merit to the claim • There is minimal issue of discrimination • The complaint has already been dealt with by another proceeding • The claim is made for improper motives or is frivilous • There is a time limit for claims (usually one year)

  7. Mediation and Investigation • If your claim is not dismissed it moves on to this step • Mediation- parties are assisted by a mediator • Both parties must agree to a mediation solution • If this does not occur, the complaint goes to formal investigation by the HR Commission • Gathering evidence

  8. Mediation and Investigation • After investigation by an HR Officer and no solution can be reached between the parties than the case will be referred to a trial type case • Similar to a criminal trial- calling witnesses • Decisions can also be appealed as in criminal law • The solution is to provide remedies which try and provide a solution similar to what the complaint was for

  9. Remedies • Dependent on circumstances • Ordering for a halt in discriminatory practices • Payment for mental anguish or losses in pay or benefits • Compelling an employer to give a job back or to provide a promotion that was denied • Forcing organizations to adopt certain programs • Provide HR training

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