Who is actually in charge of the human rights division if my case is being heard?

The situation

I am writing this because I am feeling quite confused about how my recent complaint is being handled here in Canada. Back on the 14th of August, I filed a formal complaint against my former employer regarding unfair treatment and a lack of proper labour standards. It has been about three months now, and I recently received a letter stating that a specific division of the Commission has been set up to look into my grievance. The letter mentions that my case will be reviewed by a group of people, but it does not clearly state who the person in charge of that specific group is. I have already tried calling the main office twice to ask for the name of the person who will be leading the meetings, but the person on the telephone just told me that the Chief Commissioner handles those appointments and wouldn't give me a specific name. I am worried about who is actually making the decisions or presiding over the discussions regarding my pay cheque disputes. Does the person running that small group have the same authority as the main Commission, and how do I find out exactly which member has been chosen to act as the head of that division?

Detailed Analysis

Based on the information you provided, the person in charge depends on the specific nature of your complaint. Under the Canadian Human Rights Act, the Chief Commissioner has the power to create different divisions to handle the Commission's work. The law states that "the Chief Commissioner may establish divisions of the Commission and all or any of the powers, duties and functions of the Commission... may... be exercised or performed by all or any of those divisions"^[1]. This means the Chief Commissioner is the high-level official who decides how the Commission's work is split up into smaller groups.

Once a division is created, the Chief Commissioner also chooses a leader for that group. The law says, "the Chief Commissioner may designate one of the members of the division to act as the presiding officer of the division"^[1]. A presiding officer is the person who runs the meetings and manages the proceedings.

Because you mentioned disputes regarding your pay cheque, it is possible your case falls under a specific category. If your complaint is specifically about pay equity, a special group called the Pay Equity Division must be used. For this specific division, the law is very clear: "the Chief Commissioner must establish... a Pay Equity Division of the Commission of which the Pay Equity Commissioner is the presiding officer"^[2]. In this scenario, the Pay Equity Commissioner is the person officially in charge of the discussions and decisions regarding your grievance.

If your case is not about pay equity, the law does not explicitly name the specific individual leading your group in the sections provided; it only explains the process of how the Chief Commissioner makes that appointment. State, provincial, or local laws may add further rules regarding administrative procedures.

Statutory Citations

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