EQUAL Opportunity Tribunal (EOT) chairman Donna Prowell-Raphael has reminded that the tribunal can adjudicate 'unrestrained expressions of hate and bias' unregulated by a proliferation of online platforms.
'A less understood and invoked jurisdiction of the tribunal is its judicial authority to determine complaints involving offensive behaviour, which straddles the corrosive effects of hate speech,' she said in her address at the opening of the tribunal's 2024/2025 law term on October 1.
'In an era where divisive rhetoric can all too easily cross the line into incitement, our authority to address hate speech should not be minimised or remain underutilised.'
She said in appropriate cases, the tribunal can grant orders to restrain impugned behaviour, make orders for compensation whose reputation may be compromised and 'generally stand as the safeguard against a slide into a society where any group can be targeted, demeaned and their safety jeopardised by offensive behaviour.'
She also made a call to make age discrimination unlawful.
'As life expectancy increases, our older adults ought not to be denied access to opportunities and or gradually excluded from full participation in social and economic life because of their age.'
Prowell-Raphael said a tendency to regulate older adults to secondary positions had resulted in 'fit and able' retired people struggling to secure fair employment opportunities.
'As we strive to build a more just and inclusive society that values the potential of all individuals regardless of age, it is imperative that we revisit and address the issue of age discrimination especially in employment.
'Making age discrimination unlawful would be a pivotal step towards ensuring that career opportunities remain available and or open to all who are willing and able to contribute.
'We must address age discrimination more robustly in our jurisprudence, recognising the value of our older adults and the unique challenges that they face.'
In her address, Prowell-Raphael also boasted the tribunal was on a 'bold journey of transformation,' as she noted some of the tribunal's achievements in the past year, including 'being a leader among our superior courts in conducting all of our hearings virtually and offsite, with bare-bone capacity, and at the same time successfully delivering complex judgments without any appeals in the period under review.'
She said the tribunal successfully transitioned to remote operations ' overcoming potentially crippling disruption and ensuring uninterrupted service.'
She also highlighted some of the tribunal's initiatives in the past year including presenting proposals for constitutional changes on an invitation from the National Advisory Committee on Constitutional Reform.
Prowell-Raphael said in 2025, the tribunal and the Equal Opportunity Commission will commemorate the 25th anniversary of the enactment of the Equal Opportunity Act (EOA).
This landmark legislation, passed by Parliament in 2000, established the tribunal 'with the groundbreaking