Cases involving serious or complex issues or substantial disputes that warrant compensation or a detailed explanation will normally be recommended for referral to a Conciliator. The functions of a Conciliator are clearly defined in the Act.
The conciliation process has statutory privilege. This means anything discussed during conciliation, or any document prepared specifically for conciliation remains confidential and cannot be used anywhere else. In addition, the process is non-adversarial, free of charge and is an alternative to civil litigation where claims for compensation form part of the substantive complaint.
Enforceable agreements, documenting the outcome of conciliation, can be made as part of the conciliation process.