The Law Handbook 2024

996 Section 11: Rights, activism and fair treatment at work • the matter involves subject matter that would be more appropriately dealt with by a court or tribunal; • a person has initiated proceedings in another forum; or • the VEOHRC considers it is not appropriate to provide or to continue to provide dispute resolution. Dispute resolution provided by the VEOHRC The principles of dispute resolution (s 112) provided by the VEOHRC are: • dispute resolution should be provided as early as possible; • the type of dispute resolution offered should be appropriate to the nature of the dispute; • the dispute resolution process is fair to all parties; • dispute resolution is voluntary; and • dispute resolution should be consistent with the objectives of the Equal Opportunity Act. When a dispute is bought to the VEOHRC, it is assessed to see whether the matter meets the threshold of a possible breach of the law. If accepted for dispute resolution, a complaint is allocated to a conciliator to begin the dispute resolution process. A conciliator then contacts the person or representative bringing the dispute and discusses relevant issues being raised in the complaint and explains the dispute resolution process, before contacting the person or parties against whom the dispute has been bought. A person bringing a dispute to the VEOHRC is encouraged to consider what it is they want as an outcome to the dispute. Examples of outcomes include an apology, a change in procedure or policy, compensation, reasonable adjustments made to a workplace or service, or consideration given to a request for flexible working arrangements. The dispute resolution process is flexible and adapted to the nature of the dispute. It may proceed by the conciliator communicating separately with the person bringing the dispute and the parties against whom the dispute has been brought. When appropriate, the conciliator may arrange for a more formal conciliation process in which the parties to the dispute meet and negotiate an outcome. Where the parties agree to settle the dispute, a settlement agreement may be prepared and signed by the parties. A party may request that the VEOHRC prepare a settlement agreement, which must be signed by the parties and certified by the VEOHRC. Alternatively, the parties to the dispute might prepare their own settlement agreement and request that the VEOHRC certify it (s 119). A signed and certified settlement agreement may be lodged with VCAT for registration (s 120). If VCAT is satisfied that the agreement is practicable and can be supervised, the agreement must be registered and is taken to be an order of VCAT and can be enforced accordingly. A party to a dispute may withdraw from dispute resolution at any time by informing the VEOHRC. Withdrawal from dispute resolution does not prevent a person making an application to VCAT or commencing proceedings in another jurisdiction. However, it is important to note that where a person has initiated a complaint with the VEOHRC, this may affect their ability to commence proceedings in another jurisdiction, depending on the laws of that jurisdiction. Taking a dispute to VCAT A person can make an application to VCAT about an alleged contravention of the Equal Opportunity Act or the Racial and Religious Tolerance Act – this is regardless of whether or not the person has first brought a dispute to the VEOHRC for dispute resolution. No referral from the VEOHRC is required. VCAT usually requires parties to attend a directions hearing and/or a compulsory case conference or mediation before it considers listing the matter for a full hearing. The directions hearing is where the process for the application is discussed and a timetable is set down for filing documents (such as the particulars of the claim and defence and witness statements). After VCAT hears a matter, a decision is made as to whether the complaint has been proven or not. Where VCAT finds discrimination, sexual harassment, victimisation, or racial or religious vilification is proven, it can make orders that the person or organisation responsible for the unlawful conduct: • refrain from committing any further contravention of the Equal Opportunity Act or the Racial and Religious Tolerance Act; • pay compensation to the applicant for loss, damage or injury suffered in consequence of the contravention;