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A Formal Complaint, Now What!

A formal complaint is of course something that no organization is happy about. No organization enjoys having to deal with a complaint, but that doesnt mean you can just ignore it when it occors.  A formal procedure only makes sense if every effort has been made to prevent escalation. If that is the case, an employee can file a complaint. When this happens, for example in the case of unwanted behavior, it is important that this is taken seriously. A complaint is part of a formal procedure and is handled by a complaints committee. Moitshepi can provide support in this process on several levels.

Complaints Committee

If a formal complaint is submitted, the employer is obliged to investigate it by appointing the complaints committee. Ideally, you want to prevent this and any good employer will do its best to protect staff against psychosocial workload. When there is inappropriate behavior between employees, it is detrimental to everyone, if this is not adequately addressed and where it can be de-escalated, the formal complaint is the next step.

Is the employer responsible?

Yes, the employer is responsible, even if the inappropriate behavior is between colleagues. Article 3 of the Working Conditions Act indicates that if the transgressive behavior takes place in a work-related setting, the employer is responsible. Even if there is no clearly identifiable cause or causes of the inappropriate behavior, the employer is still responsible. The employer will therefore have to appoint a complaints committee to investigate the complaint.

A Formal Complaint, Now What!

A formal complaint is of course something that no organization is happy about. No organization enjoys having to deal with a complaint, but that doesnt mean you can just ignore it when it occors.  A formal procedure only makes sense if every effort has been made to prevent escalation. If that is the case, an employee can file a complaint. 
When this happens, for example in the case of unwanted behavior, it is important that this is taken seriously. A complaint is part of a formal procedure and is handled by a complaints committee. Moitshepi can provide support in this process on several levels.

Complaints Committee

If a formal complaint is submitted, the employer is obliged to investigate it by appointing the complaints committee. Ideally, you want to prevent this and any good employer will do its best to protect staff against psychosocial workload. When there is inappropriate behavior between employees, it is detrimental to everyone, if this is not adequately addressed and where it can be de-escalated, the formal complaint is the next step.

Is the employer responsible?

Yes, the employer is responsible, even if the inappropriate behavior is between colleagues. Article 3 of the Working Conditions Act indicates that if the transgressive behavior takes place in a work-related setting, the employer is responsible. Even if there is no clearly identifiable cause or causes of the inappropriate behavior, the employer is still responsible. The employer will therefore have to appoint a complaints committee to investigate the complaint.

What does the Complaints Committee do?

If a complaint is received by the complaints committee, it will first determine whether the complaint can actually be taken up for review. In some cases there is no basis and the complaint will therefore not be processed. In other cases the committee will investigate whether there is admissibility for the complaint. This means that it is tested whether the complaint is in line with the code of conduct and policy of the organization.
Every story has 2 sides and the complaints committee will therefore want to investigate both sides of the story. All those involved will also have to be informed. A hearing will take place between the complainant and the accused with the aim of obtaining a clear understanding of the nature of the complaint.

The outcome of the complaints committee

When the Complaints Committee has decided to handle the complaint and the investigation has been completed, the Complaints Committee will reach a conclusion about the admissibility of the complaint.

The complaint is declared admissible

The complaint has been tested for admissibility and falls within the code of conduct or the applicable policy regarding undesirable behaviour. After hearing both sides and investigating, the committee will draw up a report. Appropriate advice will also be given to the management or board of the organization regarding the complaint submitted.

The complaint is declared non admissible

The complaint does not fall within the code of conduct or policy and will therefore be declared inadmissible. The committee may, however, issue an advice for the board of directors. There may be several reasons why there is no admissibility. For example, the complainant may not have gone through all the de-escalation steps or the term may have expired.

What Moitshepi can do for you

We can support your organization in several areas when it comes to the complaints committee. We can form the full complaints committee and investigate the compaint, but we can also be part of the committee. The committee usually consists of 3 people, each of whom is experienced in assessing complaints and applying adversarial procedures. We also work together with a lawyer who advises or who also sits on the complaints committee.
If you are interested, we would like to get to know you and your organization.

What Moitshepi can do for you

We can support your organization in several areas when it comes to the complaints committee. We can form the full complaints committee and investigate the compaint, but we can also be part of the committee. The committee usually consists of 3 people, each of whom is experienced in assessing complaints and applying adversarial procedures. We also work together with a lawyer who advises or who also sits on the complaints committee.
If you are interested, we would like to get to know you and your organization.
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