Effectiveness of the Business Model
The following data show that the Commission’s business model implemented in 2002 is producing the intended results. The complaint workload is in check and productivity has substantially increased.
Progress is measured against the year 2002, when the Commission began implementing refinements to its business model.
Figure 10 Cases In, Cases Out
- The data for 2002 show that whereas 800 new complaints were accepted that year, 729 final decisions were rendered by the Commission. Unless the Commission closes more cases than it accepts, the volume of cases increases.
- This trend has been reversed over the past four years, leading to 717 new cases being accepted in 2006, and 1,074 final decisions rendered.
Figure 11 Cases in Inventory
- The active caseload declined from 1,287 cases in 2002 to 614 cases by the end of December 2006, due to greater efficiencies introduced in the Commission’s business model.
- This represents a 52% reduction in the number of active cases in the Commission’s inventory.
Figure 12 Average Age of Active Caseload
- The Commission was able to reduce the average age of its active caseload from 25 months in 2002 to 9.5 months at the end of December 2006.
- This represents a 62% reduction over 2002.
Figure 13 Cases Two Years or Older
The number of cases two years or older has been reduced from 27% of the caseload in 2002 to 3% at the end of December 2006. Whereas 347 cases were two years or older in 2002, there were 21 such cases by the end of December 2006. This represents a reduction of 94% over 2002. Due to the complexity of some cases which involve systemic issues, there will always be older cases in our inventory. But these should never represent more than a very small proportion of our caseload. Figure 14 Cases Under One Year
- Whereas cases under one year represented 50% of the caseload in 2002, this had increased to 75% at the end of 2006.
- The Commission is making steady progress toward a service standard by which 85% of cases will be resolved within one year’s time.
Figure 15 Final Decisions by Type
* Our last Annual Report showed 119 cases as having been referred to Tribunal in 2005. That figure has been adjusted downward to 102 this year to reflect the fact that 17 of these cases were settled through conciliation during 2006, prior to a Tribunal hearing.
How cases were resolved in 2006
There were 1,074 final decisions rendered by the Commission in 2006. Of these:
384 or 36% were decisions not to deal with a complaint pursuant to section 40/41 of the Act. In 284 of those cases, complainants were asked to first pursue other redress mechanisms. The remaining 100 cases were out of time, out of jurisdiction, or considered trivial, frivolous or vexatious. In the remaining 690 cases, the Commission dealt with the complaints on their merits and ultimately made a decision either to dismiss the complaint, approve a settlement or refer the matter to Tribunal. The 297 dismissed cases represented 43% of all cases dealt with by the Commission in 2006. Typically, these are cases that have been submitted to the Commission for decision following an investigation. Cases can be dismissed for a number of reasons, such as lack of sufficient evidence or merit, or because the respondent has taken appropriate action to remedy the situation. This could also include a small number of cases where the complainants withdrew or abandoned their complaints. This percentage represents a fairly steady trend over the past four years. A total of 278 cases were settled. This represents 40% of all cases dealt with in 2006. Most of these settlements were arrived at with the assistance of a Commission mediator or conciliator. In a small number of cases, the parties settled the matter on their own. A total of 115 cases were referred to the Tribunal in 2006, a number similar to the previous two years.