Determinative conferences and hearings in sexual harassment disputes

A determinative conference or hearing might happen after a Member conference or before, depending on the case.

Consent arbitration between an applicant and respondent may also happen in a determinative conference or hearing. See If the sexual harassment dispute is not resolved.

If a Member holds a determinative conference or hearing they will consider matters such as:

• whether the applicant is eligible to apply to us
• whether an
  aggrieved person
  has been sexually harassed in connection with work
• if the application is for orders to stop sexual harassment, whether there is a risk that the aggrieved person will continue to be sexually harassed in connection with work.

Determinative conferences are less formal than hearings but still involve a

Determinative conferences are usually held in private and only the parties involved in the dispute can attend. Representatives and support persons may also be allowed to attend a determinative conference.

A determinative conference is different from an informal Member conference. Even though it is generally held in private, a determinative conference is recorded and transcript (a written record) may be produced.

After a determinative conference we will publish the Member's reasons for decision on our website. This may include the names of the parties, details of the allegations made against individuals and relevant witness evidence, unless a confidentiality order has been made.

See Keeping a case confidential for more information.

A hearing is a more formal process than a determinative conference and can sometimes go for more than one day.

It involves the Member hearing evidence from the people involved in the case, including witnesses. The Member may gather information about each case however they think best.

We will only hold a hearing if we decide it is appropriate. A hearing is usually open to the public and anyone can attend. This includes journalists or media and any other member of the public who is interested in the dispute.

You can ask the Member to hold the hearing in private. If you do, they will ask you to explain why you asked for a private hearing. They will decide if it is appropriate in your case or not.

After a hearing the Member will make a

The Member’s decision will be published on our website. This may include the names of the parties, details of the allegations made against individuals and relevant witness evidence, unless a confidentiality order has been made.

See Keeping a case confidential for more information.

We will send the date and time of the determinative conference or hearing to everyone involved in the case.

Attending and participating in a determinative conference or hearing is usually required by everyone who is a

You can ask us to change the time or date of a Member conference by contacting us in writing. You should ask us as early as possible before the scheduled date. The contact details will be on the notice we send you.

You need an important reason to change (

We may not agree to change the time or date. If we do not, you will still need to attend the conference or hearing.

Tell us if you need help for a determinative conference or hearing. Let us know as soon as you can if you need an interpreter or if you have any other special needs.

We will send the parties information about what they need to do to prepare for the determinative conference or hearing.

This information is usually in a document called ‘Directions’. It may say you need to prepare witness statements or an outline of submissions and send them to us and to the other people involved in the case by a fixed date and time.

See Prepare for a conference or hearing for more information.

You can prepare for determinative conference or hearing by reading all the documents in the case. Make sure you bring them with you to the determinative conference or hearing.