One of your fundamental rights is to a safe and fair workplace. If you feel that this right is being violated, then you should speak up – without fear.
For many people, this is easier said than done.
When do you have a legitimate complaint?
Your employer and your fellow work colleagues don’t have an obligation to make you feel good about life and work all the time. There are ups and downs that we all just need to get through.
However, there is a line in the sand, over which your employer has a legal obligation to ensure you are safe and secure. Most importantly, the workplace needs to be free from:
- Bias and discrimination;
- Bullying; and
- Harassment.
Other issues that may give rise to a basis for a complaint include:
- Workplace health and safety issues;
- Work environment and culture;
- Relationships in the workplace;
- Implementation of organisational changes; and
- Changes to terms and conditions of employment.
A good test to gauge whether you have a legitimate basis for concern, is if you feel unsafe, hurt, degraded, demeaned or treated harshly or unfairly.
For example, being subject to an unfavourable performance review is not itself a violation of this right, but if the review was motivated by your refusal to respond to a sexual advance, or because of your race, then there is a legitimate issue that must be addressed!
Where should you turn?
Your employer should have clear written policies in place to avoid this type of scenario and behaviour, and to deal with it when it arises. You should familiarise yourself with these policies, including the mechanism they set out to raise an issue or complaint.
If you are part of a larger organisation, then chances are there will be an HR department, with people you can approach who are required to act impartially and follow an investigation process.
If you work for a small business, then the most likely place to turn will be your supervisor or the owner. If the source of the complaint is your supervisor or the owner, then you will need to turn elsewhere – outside of the organisation.
What should you put in your complaint?
It is important that you clearly set out the behaviour or circumstances you are concerned about. Take the time to get all the relevant facts, and ask someone else to review it for you before submitting it to your employer.
Your complaint should:
- Clearly state that you are making a formal complaint;
- Refer to any policies or procedures, employment terms and/or award terms you consider have been breached, and that you are relying on when making the complaint. This will also have the effect of invoking the procedure under the policy, contract or award;
- Summarise the nature of your complaint, e.g. a complaint about changes to your hours of work, or workplace bullying by a particular person;
- Set out a ‘chronological’ history of the facts relating to your complaint;
- Set out the outcome you would like to see from your complaint; and
- Set out a definite time (say 14 days) for a response to your complaint/grievance.
It is important to keep detailed notes of the incidents you are complaining about, as well as a paper trail of your complaint process.
How can we help?
We have a lot of experience helping both employers and employees deal with workplace incidents and unacceptable behaviour. We can quickly let you know if the behaviour you are concerned about justifies a formal complaint, and what other mechanisms are available to you to get things back on track.
If the behaviour is such that it can’t be remedied, and you need to leave, then we can assist you get compensation to soften the blow of a period of potential unemployment.
If you are reading this article, then chances are there is a real issue that needs to be dealt with. You should not feel bad about taking things to the next level and getting it sorted out.
There are pitfalls you need to be aware of
We need to be realistic. Raising a workplace complaint comes with its short-term risks, especially if the complaint is against a senior person in the business. There will also be a period of investigation, when all sides have the opportunity to respond to the allegations.
You need to be careful to raise the issue clearly and strongly, and then manage it proactively until it is fully resolved. This will ensure you don’t end up being forced out unfairly – usually at some later date.
If your employer does not take the complaint seriously, or uses it as a basis to change the nature of your role, or force your removal at a later time, then that itself can give rise to serious penalties and compensation.
The goods news is that the Fair Work Act provides you with very powerful legal protection when it comes to making complaints. If you are subject to ‘adverse action’ by your employer because of making a complaint, then your employer can be liable for a general protections claim.
What’s the next step?
Call us on 1300 882 386 for a no-obligation and strictly confidential chat with one of our friendly lawyers.
We also recommend you read the following additional articles:
Workplace Discrimination and Harassment
Is my phone spying on me? 3 ways to tell if your workplace privacy is being breached