sec.209Orders the tribunal may make if complaint is proven

### sec.209 Orders the tribunal may make if complaint is proven If the tribunal decides that the respondent contravened the Act , the tribunal may make 1 or more of the following orders— an order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order; an order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention; an order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention; an order requiring the respondent to make a private apology or retraction; an order requiring the respondent to make a public apology or retraction by publishing the apology or retraction in the way, and in the form, stated in the order; an order requiring the respondent to implement programs to eliminate unlawful discrimination; an order requiring the respondent to pay interest on an amount of compensation; an order declaring void all or part of an agreement made in connection with a contravention of this Act, either from the time the agreement was made or subsequently. An order may be made under subsection (1) (b) in favour of a class member for a representative complaint, without the necessity for the class member to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the class member. If, in respect of a representative complaint— the tribunal decides that the respondent contravened the Act ; but the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a class member for the complaint; the class member may subsequently make a request for the tribunal to assess the class member’s loss or damage. In this section, the specified things a respondent may be required to do, include, but are not limited to— employing, reinstating or re-employing a person; or promoting a person; or moving a person to a specified position within a specified time. The tribunal may order costs in a complaint as follows— for a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant; otherwise—as provided under the relevant tribunal Act. In this section— affected person, in relation to an order by the tribunal about a complaint, means— the complainant; or for a representative complaint, a class member for the complaint; or another person stated in the order. damage , in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person. s 209 amd 2002 No. 74 s 35 ; 2009 No. 24 s 1346 ; 2024 No. 47 s 48 (sec.209-ssec.1) If the tribunal decides that the respondent contravened the Act , the tribunal may make 1 or more of the following orders— an order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order; an order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention; an order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention; an order requiring the respondent to make a private apology or retraction; an order requiring the respondent to make a public apology or retraction by publishing the apology or retraction in the way, and in the form, stated in the order; an order requiring the respondent to implement programs to eliminate unlawful discrimination; an order requiring the respondent to pay interest on an amount of compensation; an order declaring void all or part of an agreement made in connection with a contravention of this Act, either from the time the agreement was made or subsequently. (sec.209-ssec.2) An order may be made under subsection (1) (b) in favour of a class member for a representative complaint, without the necessity for the class member to make an individual complaint, if on the evidence before it the tribunal is able to assess the loss or damage of the class member. (sec.209-ssec.3) If, in respect of a representative complaint— the tribunal decides that the respondent contravened the Act ; but the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a class member for the complaint; the class member may subsequently make a request for the tribunal to assess the class member’s loss or damage. (sec.209-ssec.4) In this section, the specified things a respondent may be required to do, include, but are not limited to— employing, reinstating or re-employing a person; or promoting a person; or moving a person to a specified position within a specified time. (sec.209-ssec.5) The tribunal may order costs in a complaint as follows— for a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant; otherwise—as provided under the relevant tribunal Act. (sec.209-ssec.6) In this section— affected person, in relation to an order by the tribunal about a complaint, means— the complainant; or for a representative complaint, a class member for the complaint; or another person stated in the order. damage , in relation to a person, includes the offence, embarrassment, humiliation, and intimidation suffered by the person. - (a) an order requiring the respondent not to commit a further contravention of the Act against an affected person specified in the order; - (b) an order requiring the respondent to pay to an affected person, within a specified period, an amount the tribunal considers appropriate as compensation for loss or damage caused by the contravention; - (c) an order requiring the respondent to do specified things to redress loss or damage suffered by an affected person because of the contravention; - (d) an order requiring the respondent to make a private apology or retraction; - (e) an order requiring the respondent to make a public apology or retraction by publishing the apology or retraction in the way, and in the form, stated in the order; - (f) an order requiring the respondent to implement programs to eliminate unlawful discrimination; - (g) an order requiring the respondent to pay interest on an amount of compensation; - (h) an order declaring void all or part of an agreement made in connection with a contravention of this Act, either from the time the agreement was made or subsequently. - (a) the tribunal decides that the respondent contravened the Act ; but - (b) the tribunal is unable, on the evidence before it at the hearing of the representative complaint, to assess the loss or damage of a class member for the complaint; - (a) employing, reinstating or re-employing a person; or - (b) promoting a person; or - (c) moving a person to a specified position within a specified time. - (a) for a representative complaint—against the complainant or the respondent, but not against a class member for the complaint other than the complainant; - (b) otherwise—as provided under the relevant tribunal Act. - (a) the complainant; or - (b) for a representative complaint, a class member for the complaint; or - (c) another person stated in the order.