Complaint Handling

Image Courtesy April Branco: Gombey 1

Complaint Handling Process

An intake consists of any form of contact made by a member of the public, whose intent is to bring to the attention of the Office of the Human Rights Commission a complaint or query. Members of the public can submit queries to the Commission and pursue complaints of discrimination, harassment or reprisal by filing complaints in accordance with section 14H of the Human Rights Act, 1981. The Commission receives complaints in-person at Milner Place, Ground Floor, 32 Victoria Street, Hamilton, HM12, Bermuda, by email at humanrights@gov.bm or HRC_Intakes@gov.bm and by telephone – 295-5859. When members of the public contact the Commission, it is recorded as an intake and they are classified as a “complainant.” Where an appropriate individual, company or organisation is identified within a complaint as potentially contravening the provisions of the Human Rights Act, 1981, they are then listed and referenced throughout as a “respondent.”

When a query is received a response is provided and appropriate referrals are identified. There are occasions where it is necessary to conduct preliminary inquiries (Preliminary inquiries are conducted in accordance with section 14I of the Human Rights Act 1981) into a complaint. On these occasions, notice of the complaint is forwarded onward to the respondent with an invitation to respond to the allegations. If the Executive Officer is of the view that a complaint does not appear to disclose a prima facie case of discrimination, the complaint is dismissed.

How to make a complaint or submit a query

If you feel you have been harassed or discriminated against based on any of the protected grounds under the Human Rights Act, 1981 (‘the Act’) you can reach out to the Human Rights Commission with your complaint or query in the following ways:

Visit the Office – walk-ins are welcome between 8:45am-5pm Monday-Friday
Email the Commission at humanrights@gov.bm
Telephone the Office at 295-5859

We are located at Milner Place, 32 Victoria Street (ground floor).

The complaint must fall within one or more of the areas covered by the Human Rights Act together with a ground.

A complaint should be made within six months of the alleged incident(s) although complaints may be considered up to 2 years after the incident if there is sufficient reason for the delay, and no one would be prejudiced due to the delay.

Who can make a complaint?

Anyone residing in Bermuda who believes that they have been discriminated against or harassed by someone contravening the Human Rights Act, 1981 may make a complaint to the Commission.

Someone can make a complaint on behalf of another person, if that person consents and/or is unable to do so. Please note, we will also log complaints that are made anonymously, but without contact, we cannot progress the complaint.

The Human Rights Commission and its Officers treat all intakes, whether queries or complaints, with the strictest confidence.

What can you approach the Commission about?

You can feel free to visit the Commission with any complaints or queries you feel are related to the protections or duties under the Human Rights Act or related human rights obligations in Bermuda.

Your complaint or query will be logged confidentially, and an Officer will work with you to determine whether the Human Rights Act covers your complaint, if there has been a breach of rights, and how we can best assist. We will work with you to resolve the complaint or query and will also provide information about alternative agencies that may also be able to assist you in resolving your complaint or query where appropriate.

We also address queries related to broader human rights issues and are available for consultation.

How to respond to a complaint

The Human Rights Commission helps facilitate complaints of discrimination. We do not represent one party over the other. When you receive notice that a complaint has been made from the HRC, you will be guided through the process and will have a chance to respond fully to the complaint, as well as an offer of mediation or conciliation to assist in finding resolution where possible and/or appropriate.

Confidentiality

All queries or complaints are confidential, and names are logged for internal reference only where necessary to progress a complaint. A complaint remains confidential until such time that a complaint progresses and the responding party is notified. Please note, no one is ever named and the respondent is not contacted without first seeking permission from the individual bringing forth the complaint or query.

Voluntary Mediation Program

Mediation is a method of resolving complaints by bringing the parties together and helping them move from a conflict situation into a process of collaborative negotiation and settlement. It is a practical process through which the Mediator assists parties in exchanging ideas, perceptions and working towards a mutually agreeable resolution.

The Commission provides parties to a complaint with the opportunity to participate in mediation at no cost to either party. Once a Mediator has been selected, they work closely with the parties to facilitate a resolution. Participation in mediation is at all times voluntary, however, it is recommended as a means for parties to resolve a complaint.

Referrals

Each and every intake received (whether it is a complaint or query) is considered in relation to the Human Right Act, 1981. It may be that your complaint or query could be better addressed by alternative agencies or support services, and the Commission will work to identify referrals to aid your efforts in resolving your question or complaint.

If your complaint is not covered by the Human Rights Act, 1981, the Commission will notify you and the complaint will be closed. However, where appropriate, referrals will be provided, identifying agencies that may be better suited to assist you in resolving the issues identified.