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Notice of Discrimination or Harassment Complaint

Version 1.0 Updated 25 Oct 2017
Correspondence Manage

Who can use this correspondence

This correspondence can be used by all employers.

Commentary

When a complaint of discrimination, harassment, or bullying is made against an employee, he or she should be notified about the complaint and be given an opportunity to respond to the allegations in full.

It is good practice to provide the notice of discrimination or harassment complaint to the employee personally. This will usually be done at a meeting called to inform them of the existence of the complaint. The details of the complaint should not be dealt with at this meeting — rather its purpose is informing the employee of the existence of the complaint.
 
The process of handling the complaint should be outlined to the employee since the process of handling a complaint is important and if not handled properly, can be the cause of a separate complaint. This letter assumes that the complaint is of a serious nature and requires a formal investigation. This letter is not appropriate where the complaint is less serious in nature and can be more appropriately handled in a more informal manner.

The investigation process should be explained to all participants, including witnesses.

The employee should be notified of the time and date of the interview and that he or she can have a support person present during the interview.

It should also be stressed that the complaint will be dealt with impartially and confidentially. The details of the investigation should only be released on a 'need to know' basis.

Employees involved in the investigation should be informed they are required to maintain confidentiality and to ensure they do not victimise any participant in the investigation. If victimisation occurs, you should take appropriate action to address this issue.

Once the investigation has been finalised, all relevant employees involved in the complaint should be advised of the outcome of the investigation as it relates to them.

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