EQUAL OPPORTUNITY ACT 1984 - SECT 115

EQUAL OPPORTUNITY ACT 1984 - SECT 115

115 .         Matter to be considered in determining representative complaints

        (1)         The Tribunal shall not permit a complaint to be dealt with as a representative complaint unless it is satisfied that the complaint is made in good faith as a representative complaint.

        (2)         In considering whether a complaint is made in good faith as a representative complaint, the Tribunal shall satisfy itself —

            (a)         that —

                  (i)         the complainant is a member of a class of persons, the members of which class have been affected, or may reasonably be likely to be affected, by the conduct of the respondent; and

                  (ii)         the complainant has in fact been affected by the conduct of the respondent; and

                  (iii)         the class is so numerous that joinder of all its members is impracticable; and

                  (iv)         there are questions of law or fact common to all members of the class; and

                  (v)         the claims of the complainant are typical of the claims of the class; and

                  (vi)         multiple complaints would be likely to produce varying determinations which could have incompatible or inconsistent results for the individual members of the class; and

                  (vii)         the respondent has acted on grounds apparently applying to the class as a whole;

                or

            (b)         that notwithstanding that the requirements of paragraph (a) have not been satisfied, the justice of the case demands that the matter be dealt with and a remedy provided by means of a representative complaint.

        [Section 115 amended: No. 57 of 1997 s. 55(5).]