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Complaints related to discrimination

It is in your best interests as a business to deal with discrimination complaints quickly and appropriately. Prompt action can help you avoid legal proceedings and prevent the loss of customers and good staff.

Employers are required by law to take action if the complaint relates to discrimination or sexual harassment. The police should be called in cases of sexual assault, serious workplace violence or criminal activity.

On this page:
Developing a complaints procedure
Dealing with a complaint

Developing a complaints procedure

The best way to handle complaints consistently and fairly is to have a procedure that is written down and understood by all staff. A complaints procedure should:
  • offer options for resolving complaints, either formally or informally
  • guarantee a fast, fair and confidential process
  • be administered by trained people
  • outline records to be kept
  • guarantee protection to those who complain
  • advise people where to get more help.

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Dealing with a complaint

Minor complaints can usually be handled informally through discussion and conciliation. The aim is to reach agreement that unacceptable behaviour will stop.

More serious cases may need to follow a set procedure and be documented. The usual steps include:
  • an interview with the person complaining
  • a separate meeting with the person who has been accused
  • discussions with witnesses if the facts are disputed
  • a report on the findings
  • follow-up action such as an apology, counselling, a warning, and disciplinary measures – including dismissal.
Staff should be able to have a support person present at interviews if they wish.

Complaints against an employer

Staff usually make complaints against their employer because they feel they have been unfairly treated. It is important for the employer to respond professionally and focus on the facts.

Do not take the complaint as a personal attack or victimise the employee for raising a concern. Let them know they have the option of seeking independent advice.

Equal Opportunity Commission

Employees can take a complaint to the Equal Opportunity Commission (EOC) if they feel they have been discriminated against, harassed or victimised. The EOC may try to reach agreement through conciliation or refer the case to the Equal Opportunity Tribunal.


More information

Other websites
Equal Opportunity Tribunal – Equal Opportunity Commission

Downloads
Equal opportunity at work – handbook for employers (PDF 552KB)
Responding to a complaint – fact sheet (PDF 95KB)
Sample complaints procedure – template (Word 77KB)
Conciliation – fact sheet (PDF 63KB)

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