Across the board, we are seeing a clear increase in employee complaints – both from current and ex-employees. Over the last 6 months our statistics reflect a 20% increase in support for clients with this type of work for us here at Positive People.
Against the backdrop of an unstable global economy, the use of AI by employees and the presence of a solid group of keen adversarial employment advocates has fueled the complaints fire. We have noticed that complaints lodged:
- Increasingly use strong language
- List a number of allegations
- Demand an almost immediate response
- Pressure starting “without prejudice” conversations.
This can feel stressful and expensive. Often your first thoughts can be either “this is complete rubbish” or “how can I make this go away?”
Depending on the situation, sometimes a negotiated settlement is the pragmatic path to follow. However, don’t rush into anything or bow to pressure tactics.
If you receive a complaint – take a deep breath, don’t believe everything that has been written and most importantly – don’t panic!
You do not have to respond in two days.
It is important to properly understand and consider the issues raised carefully. Acknowledge receipt of the complaint and set a realistic date for you to respond. A reasonable timeframe is between 7 and 14 days.
Determine what you are dealing with.
Personal Grievances must be raised within 90 days (unless it’s for sexual harassment) and there is a clear list of the reasons PGs can be raised (Personal grievances | Employment New Zealand.) The complaint you received doesn’t have to be labelled as a PG to be considered a PG, but making sure you know the difference between a PG and a complaint will ensure your respond appropriately.
What do they want?
Sometimes the complaint you receive will clearly state the outcome they are looking for. If it is from a current employee, this may not be outlined. If that’s the case, we suggest meeting with them, offering them a support person of their choosing, and asking what outcome they are looking for.
It might just be that they just want some form of specific behaviour to stop or to report to a different manager or something similar. If that is the case, and it’s reasonable, you can move forward in that direction without a big formal process.
Make sure you document your actions and confirm their agreement in writing. Ideally you can reach an amicable and constructive outcome.
Does the complaint have merit?
Look objectively at the facts, rather than responding to a personal comment or inflammatory statements that may be made. You may end up following one of the paths below:
- Yes – consider a “without prejudice” conversation if they have asked for one or for attending mediation. Preparing a full written response and negating what you can will help. It can be that the most appropriate solution is a pragmatic one which can minimise time, cost and impact on the business.
- No – It’s OK to push back. You can decline a “without prejudice” conversation, you can decline mediation and you can say you don’t agree. We suggest a clear written response that outlines your reasons and point of view. Then leave the ball in their court. Pursuing a complaint is expensive for the other party as well, so sometimes this is enough to help them realise that following a certain course of action is not worth it.
- Don’t know – This is often the case when you receive bullying and harassment complaints. It can be difficult to know the truth without investigating the matter properly. In this case we recommend commissioning an independent investigation. Your response to the complainant should outline this and contain the process that you will follow.
Also remember, not every complaint results in a negative.
A complaint may present an opportunity to establish the cause of a complaint, highlight improvement areas for the business and for some positive learning.
If you are unsure where you stand when you receive a complaint, seek support before you respond. Understand that this is a complex area to negotiate.
In almost all cases, seeking help is the wise move because once you go down an incorrect path the potential negative consequences of cost, time and stress multiply rapidly and u turns become more difficult.
Positive People has over 30 years of experience supporting businesses manage employee complaints effectively.
We have registered workplace investigators and experienced employment relations professionals who can carefully guide you through the minefield that employee complaints can sometimes become.
If you have a problem, call us now on 0800 00 00 49.