In New Brunswick, a complete human rights investigation generally takes between 1 to 2 years to resolve if it goes to a formal hearing. However, if both parties agree to early mediation, the dispute can often be settled within 6 to 9 months. Filing a complaint is completely free of charge.
Filing a human rights complaint against your employer can feel like an incredibly daunting journey. 💼 When you have experienced workplace discrimination or harassment, you want justice and closure as quickly as possible. However, the legal processes designed to protect your rights are incredibly thorough, meaning they require significant patience and understanding of the procedural timeline.
Whether you work in a corporate office in Moncton, a manufacturing plant in Saint John, or a retail store in Fredericton, the process is governed by the New Brunswick Human Rights Commission. 📍 This guide outlines the step-by-step timeline, from the moment you submit your initial complaint form to the final resolution, helping you set realistic expectations for your case.
Step-by-Step Investigation Process in New Brunswick
The New Brunswick Human Rights Act strictly prohibits discrimination based on race, sex, disability, age, and several other protected grounds. When you report a violation, the Commission follows a strict, legally mandated procedure to ensure fairness for both you (the complainant) and your employer (the respondent).
Step 1: Filing the Complaint and Initial Assessment
Your journey begins by submitting a formal complaint form to the New Brunswick Human Rights Commission. 📝 You generally have one year from the date of the last discriminatory incident to file. Once submitted, an intake officer will review your file to ensure it actually falls under the Human Rights Act. If your complaint is accepted, the Commission officially serves the complaint on your employer, who is given a specific deadline (usually 30 days) to provide a written response.
Step 2: Early Mediation (Voluntary)
Before launching a full investigation, the Commission will offer both parties the chance to participate in early mediation. 🤝 Mediation is a voluntary, confidential meeting guided by a neutral mediator. The goal is to find a mutually agreeable solution, such as a financial settlement, a letter of apology, or changes to workplace policies, without the need for a lengthy investigation. Most employment disputes in New Brunswick are resolved at this stage.
Step 3: Formal Investigation
If mediation fails or is rejected by either party, the case moves to the formal investigation phase. 🔍 An impartial human rights officer is assigned to your case. They will interview witnesses, request internal company emails, and review personnel files. This is the longest part of the process, as the investigator must compile a comprehensive written report detailing whether there is enough evidence of discrimination to proceed.
Step 4: The Board of Inquiry (Tribunal Hearing)
If the investigator finds sufficient evidence, and the case still cannot be settled, the Commission may refer the matter to the New Brunswick Labour and Employment Board, which acts as the human rights tribunal. 🏫 This is a formal, court-like hearing where witnesses testify under oath. The adjudicator will then issue a legally binding decision, which may include ordering the employer to pay you general damages for injury to your dignity.
How Much Does it Cost in New Brunswick?
Seeking justice for workplace discrimination should not cause financial ruin. 💰 The provincial system is designed to be highly accessible:
| Service / Expense | Estimated Cost (CAD) |
|---|---|
| Filing a Complaint with the Commission | $0 (Free) |
| Commission Mediation Services | $0 (Free) |
| Initial Lawyer Consultation (Optional) | $200 – $400 |
| Employment Lawyer Representation | $250 – $450 per hour |
How Long Does the Process Take?
Timelines vary drastically based on the complexity of the case and the current backlog at the Commission. 🕑 The initial assessment usually takes 1 to 3 months. If you agree to mediation, you might reach a settlement within 6 to 9 months of filing. If a formal investigation and a Labour and Employment Board hearing are required, the entire process often stretches from 1.5 to 3 years.
Frequently Asked Questions (FAQ)
Do I need a lawyer to file a human rights complaint?
No, you are not legally required to have a lawyer. The New Brunswick Human Rights Commission’s process is designed for individuals to navigate on their own. However, consulting with an employment law firm is highly recommended to help you draft a strong, legally sound complaint.
Can my employer fire me for filing a complaint?
No. Under the New Brunswick Human Rights Act, it is strictly illegal for an employer to penalize, discipline, or fire an employee for filing a human rights complaint. This is known as “reprisal” or retaliation, and it constitutes a separate, severe violation of the law.
What happens if the employer ignores the complaint?
If your employer refuses to respond to the Commission’s formal notices, the investigation will continue without their input. The Labour and Employment Board can still hold a hearing and issue binding financial penalties against the employer in their absence.
What kind of compensation can I receive?
If successful, you may be awarded “general damages” for injury to your dignity, feelings, and self-respect. You may also receive compensation for lost wages if you were unfairly fired, and the employer may be ordered to undergo mandatory human rights training.
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