Step 6: Complaint substantiated – Attempted settlement

Where the complaint is substantiated, the investigator should try and resolve the matter between the parties. Where appropriate, hold a joint meeting to resolve any differences.

  • The investigator should ascertain the requirements of the parties.
  • As a basis for agreement, the investigator should attempt to reconcile these requirements.

Continue to Step 7

 

Complaint not substantiated 

Where the harassment complaint is found to be unsubstantiated, reasons for this finding must be given to the parties by the investigator.

If the investigator’s finding is acceptable to the complainant, the matter should officially be dropped.

If the investigator’s finding is unacceptable to the complainant, they are entitled to:

  • Refer the matter to the Human Rights Commission, or
  • File a Personal Grievance under the Employment Relations Act.

When the complaint is not substantiated, the investigator must ensure that both parties understand that neither will be disadvantaged within the company. The employer must monitor the situation to ensure neither is victimised in any way.

Continue to Step 9