• Home
• Business Systems and Processes
• People and Team Development
• Developing Culture
• Jump Clients
• About Jump
• Jump Team
• Jump Values
• Contact Jump

How do I Manage a Harassment/Bullying/Discrimination Complaint?

What Options does the Complainant Have?

A complainant has up to eight options available:

• Opting out;
• Self Help;
• Informal Approach to a Support person or Manager;
• Formal In-house Complaint;
• Health and Safety Incident Reporting;
• Initiating Personal Grievance Procedures;
• Compliant to Human Rights Commission;
• Complaint to the Police.

How do I Manage an Informal Approach?

Generally and wherever possible, treat the approach with discretion and confidentiality.

However, in certain situations, this is neither possible, nor appropriate, because of your legal responsibilities. These include situations involving:

• Risk of SERIOUS HARM to others;
• A complaint against a manager or supervisor being the respondent;
• Where an investigation is requested (others must be consulted).

In these cases formal procedures must be followed.

When you receive an informal approach:

• Listen to the complaint and treat it seriously;
• Ensure appropriate advice and support is made available to the complainant.

With the complainant's approval you may take the following actions:

• Remove any offensive posters or other materials;
• Attempt to conciliate the parties;
• Discuss what is appropriate behaviour for work;
• Approach the respondent's team leader or manager, if they are in a different work area and get them to resolve the situation;
• Initiate preventative or awareness raising measures, without labelling any individual as a harasser, racist, bully...;
• Other agreed action to remedy.

How do I Manage a Formal In-House Complaint?

In every instance, where the complainant requests formal action be taken on an allegation of harassment, discrimination and/or bullying, the employer:

• Has a clear legal duty to investigate those claims;
• Where the nature of the allegations are "serious", i.e. threat to others, and/or if respondent is a leader or manager, formal action must be taken;
• The courts require PROMPT and THOROUGH investigation with EFFECTIVE and APPROPRIATE actions taken as a result.

When you receive a formal complaint:

• Listen to the complaint and treat it seriously;
• Ensure appropriate advice and support is made available to the complainant.
• Conduct an investigation into the complaint.
• Take appropriate preventative and corrective action.
• Advise the complainant of the results of the investigation on completion.

How do I Manage a Complaint made through Health and Safety Incident Reporting?

Forms of harassment, discrimination and/or bullying such as verbal abuse, intimidation, and threatening behaviour, may not result in physical injury, but may have significant effects on the psychological well being of employees. The behaviour of people in the workplace, where it impacts on the mental and physical well being of employees falls under the Health and Safety in Employment Act 1992.

Once an incident report is received, you will need to:

• Conduct an investigation into the incident(s).
• Take appropriate preventative and corrective action.
• Advise the complainant of the results of the investigation on completion.

How do I Manage a Complaint made through Personal Grievance Procedures?

The complainant may choose to take out a personal grievance case under their Employment Agreement, or the Employment Relations Act 2000. It is compulsory for every employment contract to contain personal grievance procedures.

In circumstances surrounding discrimination and sexual/racial harassment, as defined in the Human Rights Act 1993, a complaint may be made to the Human Rights Commission. (In such instances the complainant must choose one avenue of procedure, not both). If the employee takes out a personal grievence:

• Ensure you follow your policies and procedures - know what you can and can't do.
• Do not try and short cut the process.
• Keep up to date with internal changes to procedures.
• Also, have knowledge about Employment Relation matters and principles of natural justice and good faith.
• Use a consultative/facilitative approach with staff.

What Happens if the Grievance cannot be Resolved by the Employer?

If the problem cannot be resolved between the employer and employee, then either party may take their case to the Employment Relations Authority.

Remedies for Personal Grievance

• Reinstatement: The Authority may order that the employee be put back in their job.
• Interim reinstatement: The Authority may order that the employee be reinstated until the personal grievance is heard.
• Reimbursement: Where the Authority finds the employer at fault, it can order the employer to pay all or part of lost wages or other money, and may award more.
• Compensation: The Authority may order the Principal to pay money to the employee for:
• any effects on the employee personally, such as humiliation, loss of dignity or injury to his or her feelings.
• The loss of any benefit which the employee might reasonably have expected if the grievance had not arisen.
• Recommendations in cases of sexual or racial harassment: The authority may make recommendations to the Principal about how best to manage/prevent these situations.
• Contributory fault: The Authority must reduce the remedies if the employee is found to be partly at fault in a grievance case.

How do I Manage a Complaint to the Human Rights Commission?

Commission mediators try to help the complainant and the person who’s conduct the complaint is about, to resolve the dispute.

• A range of mediation techniques are used, from face to face meetings to exchanging of letters;
• A Mediation Officer will investigate and gather as much information as possible, from both sides, and from anyone else who may be able to help;
• Both parties normally have a chance to comment on the information;
• After the investigation, the Mediation Officer reports the details to the Commission, which then considers all the information;
• If the Commission decides the complaint is well-founded, it then works to reach a satisfactory settlement between the people involved;

The Commission does not work like a court, it cannot order people to do anything. It works informally, and resolves matters by mediating between the parties involved.

Settlement can involve a wide variety of arrangements, such as an assurance that the behaviour will not be repeated, monetary compensation or other remedies appropriate to the case.

What Happens when Mediation Does Not Work?

If the matter cannot be resolved, it is referred to the Proceedings Commissioner, who decides whether it should go to the Equal Opportunities Tribunal for a decision. The Tribunal works like a court, and can award damages to a complainant, and order other remedies.

The Equal Opportunities Tribunal works like a court, and can award damages to a complainant, and order other remedies.

The remedies obtainable before the Tribunal include:

• a declaration that there has been a breach;
• a restraining order;
• damages;
• a declaration that a contract is illegal;
• an order for costs.

The damages awarded, can cover:

• Financial loss related to the breach;
• Loss of expected monetary benefit;
• Humiliation, loss of dignity, injury to feelings.

How do I Manage a Complaint to the Police?

People can take a harassment and/or bullying complaint directly to the police if they have been subjected to:

• Physical harassment and/or bullying,
• Behaviour involving obscene language or threats,
• Behaviour causing you to fear for your safety or the safety of a family member.

The Domestic Violence Act 1995 provides a means to give protection to any person who has shared a domestic relationship with another person, and who has then been subjected to violence by that other person.

Similarly, the Harassment Act 1997 protects those being victimised by someone other than a person with whom they have shared a domestic relationship.

The police will investigate the complaint, and if they feel it is warranted, will lay charges against the person involved.

If you become aware that a complaint has been made against someone in your workplace:

• Ensure appropriate advice and support is made available to the complainant.
• Conduct an investigation into the complaint.
• Take appropriate preventative and corrective action.
• Advise the complainant of the results of the investigation on completion.

Get in Touch with Jump

If you need help, or you answered no or unsure to any of the questions in the assessment tool, then Jump Business Solutions can help you. Phone us on +64 6 754 8987 or +64 27 450 5271 or email info@jump4biz.com and Jump will come to you, discover your needs, and develop a solution that will create real, long-term and positive change for you and your business.