How can one collect evidence to prove ageism in the workplace?
What is the evidence?
The Tribunal decides based on the facts both sides present. The Tribunal weighs the facts, reliability, and relevance of the case. A crucial part of the Tribunal’s job is finding the facts and deciding on whether discrimination has happened or not. The facts are proved by evidence in two forms, oral and documentary. Documentary evidence includes written records, photographic, electronic, or physical evidence such as letters, Emails, etc. if the evidence is related to the case, the Tribunal allows the parties to give the evidence. See the HRLSC’s Information Sheet on Disclosure and the Applicant’s Guide to Preparing for a Hearing for more information.
What if there is no evidence to prove discrimination directly? What is circumstantial evidence?
Applications cannot always show that their race or other cases in Code was a reason they were treated negatively, which is also named as “circumstantial” evidence. Circumstantial evidence cases are more difficult for the Tribunal since they need reasoning to prove a fact.
Circumstantial evidence related to facts or events may prove that discrimination was a factor in the adverse treatment. By the evidence, an applicant can prove discrimination has occurred. The Tribunal must decide from the oral and documentary evidence.
It can conclude from the factual finding that the applicant has faced discrimination. The Tribunal considers the facts both from the applicant and respondent. The respondent often presents witnesses and documents to prove a non-discriminatory explanation for the adverse treatment. An applicant must show enough evidence to support The Tribunal that you were poorly treated. All the facts and circumstances pointing to discrimination must be considered in preparing the case. The final decision by Tribunal is whether the evidence is more likely than not that the applicant was treated negatively because of Code-protected personal characteristics.
