Example Staff Complaint Policy
[Clinic Name] Policy
Effect Exercise Physiology believes any discrimination, sexual harassment or victimisation problems are best resolved internally with this complaint procedure.
The clinic director is responsible for implementing and reviewing this procedure.
At any time you have the right to contact the Australian Equal Opportunity Commission for information or advice, or to lodge a complaint.
If we observe inappropriate behaviour we will act to stop it to prevent a complaint.
We commit to handling any complaints quickly, seriously and confidentially.
information about a complaint will only be given to people directly involved
everyone involved will be advised of the need for confidentiality
information will be kept securely and only on an employee's file if they are disciplined.
fair treatment for all is paramount
the complaint will be handled fairly and in good faith
any person complained about has the right to know the details of any allegations against them
both parties will have the opportunity to give their version of events
no judgments will be made or action taken until all relevant information has been assessed
both sides are allowed support or representation
all allegations will be investigated before a decision is made
complaints must be substantiated before any disciplinary action is taken.
people involved in a complaint will be protected from being victimised
victimisation will be disciplined
anyone found making malicious or false complaints will be disciplined.
You are encouraged to go through these options to resolve your complaint. At any time you can make a written complaint to us or the South Australian Equal Opportunity Commission.
Try to resolve the problem yourself by talking to the person or people involved. You may find that their behaviour was unintentional and will stop if you ask.
Talk to a contact person if you:
are not sure how to handle the problem yourself
want to confidentially seek more information about what to do
Talk to the clinic director or practice manager if you:
think there is a chance of quickly stopping the problem before it develops
are likely to have an ongoing working relationship with the person you are complaining about
want them to talk confidentially to the person you are complaining about and convey your concerns
want them to bring you together with the other party to conciliate
want to discuss options and outcomes
need to protect others in the workplace.
Make a written complaint to the clinic director if:
you have tried to resolve the problem and failed
your allegations are very serious
your allegations have been denied and you want to substantiate them
you want the complaint investigated
you have been victimised for complaining
you are complaining against a senior person and an investigation will help to ensure you are not disadvantaged.
You will need to provide exact details and any evidence of your allegations which will lead to an investigation. You are allowed to have support people with you at any interviews or meetings.
If the complaint has not been resolved internally with a satisfactory outcome for all, you can approach the:
Australian Equal Opportunity Commission
Federal Human Rights and Equal Opportunity Commission.
What the Clinic Director Will Do
Wherever practical the clinic director can:
get an accurate report of your complaint
make no judgments
explain the complaint procedure
find out how you would like it handled
decide who is the appropriate person to handle the complaint or appoint someone to investigate
reassure you of your protection from victimization
give you options on support or representation
immediately remove any offensive material
convey your concerns to the person you are complaining about and ask for their version of events
try to conciliate the parties to reach a satisfactory agreement for all
seek further information and interview any witnesses
find whether the complaint has substance
recommend an outcome including disciplinary action
consider staff education or training
monitor the situation.
Complaints can be settlement by agreement between the people involved.
If there is not enough evidence to decide if the allegations happened or were likely, no disciplinary action will be taken. We may:
monitor the situation
consider staff education or training.
If there is found to be breach of our policy or the law we may discipline those responsible.
If a complaint is found to have been false or malicious we may discipline the person making the complaint. Be advised that untrue allegations could lead to legal action for defamation.
The level of discipline will depend on:
The severity and frequency of the discrimination or harassment
The weight of evidence
Whether the behaviour was intentional or malicious
Existence of any prior incidents or official warnings
Whether there are any mitigating circumstances.
Discipline could involve:
counseling
apologising
warning
loss of promotion or wage increases for a period
demotion, transfer, suspension, probation
dismissal.
Anyone who is disciplined will have a record of the complaint and the outcome placed on their employee file.
Records, notes or reports will:
be kept confidential
not be kept on employee files unless there is disciplinary action
be filed in a confidential system with limited access.
Confidential support and information is available to all parties from contact people at any time during the complaint handling process, although a contact person can not be involved in the complaint handling for either party.
At any time anyone involved in a complaint can seek union or legal advice and bring representatives to any interviews or meetings.
At any time you have the right to contact an external agency for advice or help.