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Formal complaint to your employer or HR

Other

Use it when

You've experienced bullying, unfair treatment, health and safety issues, or unfair process at work and want it recorded formally (before or after leaving).

Fill in the [brackets]

Subject: Formal complaint - [Your name]

Dear [HR Manager / Name], I am making a formal complaint about [short description, e.g. the way the restructuring process was handled / bullying by X / unsafe work]. What happened 1. [Date]: [facts - who, what, where, who saw it]. 2. [Date]: [facts]. 3. [Date]: [facts]. Effect on me [Short statement, e.g. loss of income, stress, time off work, damage to my reputation.] Policy or law I think wasn't followed [Optional: clause [x] of my employment agreement / the company's [policy name] / the Health and Safety at Work Act 2015 / Employment Relations Act 2000 good faith obligations.] What I would like [E.g. an independent investigation, an apology, correcting my record, a fair redeployment process, changes to how X is done.] Please acknowledge this complaint within [3-5] working days and tell me how it will be investigated and when I can expect an outcome. I'd like to have a support person at any meetings. [Please note: I reserve the right to raise a personal grievance, and this letter is not a withdrawal of that right.] Yours sincerely, [Your name] [Date]

Tips

  • If your complaint may also be a personal grievance (unjustified dismissal, disadvantage, discrimination, harassment), the time limit (90 days; 12 months for sexual harassment) keeps running while you complain internally. A complaint is not automatically a personal grievance, so say so or raise one separately.
  • Stick to dated, factual statements. Attach evidence (emails, rosters, photos).
  • Follow the employer's complaints policy if there is one, and ask for a copy.
  • Send to HR and the manager above the person you are complaining about.
  • Health and safety concerns can also go to WorkSafe (worksafe.govt.nz).
  • Free help reading or sending this: Community Law (communitylaw.org.nz), Citizens Advice Bureau (0800 367 222), Employment New Zealand (0800 20 90 20) or your union.

General information, not legal advice. Keep a copy of everything you send. Spotted something out of date? Email help@unemployed.nz.