Labour Complaints Process

Labour Complaints Process

 

 

 

 

 

 

 

 

 

Step 1: Complaints Process

  

Consultations

Consultations are informal communications with a labour relations officer (“LRO”). Employers and employees can contact the Section for advice and guidance regarding employment matters. Contact us in person, by telephone or via email. 

Complaint Forms

Complaint Forms allow the complainant to outline the nature of the complaint. A fully completed and signed form formalises the complaint. The Complaint Form also contains the complainant’s contact information as well as the employer’s details. 

Labour Relations Officer Complainant Inquiry

Once a completed Complaint Form has been received, the LRO will review the form and interview the complainant to gather any relevant additional information regarding the complaint and the remedy being sought by the complainant.

During the interview process, the LRO will ask the complainant for permission to contact the employer regarding the complaint. Such permission must be given for the LRO to continue with the investigation.

Step 2: Investigative Process

 

 

 

Notification of Complaint

Following completion of the initial interview with the complainant, the LRO will notify the employer of the complaint and outline the nature of the complaint.

The LRO may request documentation from the employer to assist with the investigation. The employer will also have the opportunity to respond to the complaint. Both the complainant and the employer will be provided equal opportunity to provide evidence for consideration in the investigation.

LRO Interview of Employer

The LRO will interview the employer either in person or by telephone as part of the investigative process. The process will be as comprehensive as is necessary to ensure that a thorough investigation has taken place.

Complainant Rebuttal

Following the interview with the employer, the LRO will re-contact the complainant and will present any additional information and evidence gathered to the complainant for rebuttal.

LRO Further Inquiry

Once the LRO has conducted the complainant and employer interviews, including all rebuttals, it may be necessary upon review of the information to interview other persons who may have information that could assist the investigation further. The LRO will then weigh all information obtained for sufficiency, reliability and relevance.

Step 3: Conciliation and Settlement

 Step 3 Conciliation and Settlement

Conciliation

The conciliation and settlement responsibility is conferred upon the LRO by The Employment Act 2000 (“the Act”), empowering the LRO to conciliate the parties to an employment dispute and effect a settlement.

Employment Act 2000 Procedure

If the LRO determines that the employer has not failed to comply with any provisions of the Act, the employer will receive a ‘No Case to Answer’ letter copied to the complainant informing him/her of this decision and providing reasons for the decision.

If the LRO determines that the employer has failed to comply with any provision of the Act, the employer and complainant will be invited to conciliate the matter.

Settlement

If the LRO is successful in effecting a settlement between the parties, a Settlement Agreement outlining the terms of the agreement will be prepared and signed by all parties.

Employment Tribunal

Failing a settlement, and where the LRO has reasonable grounds to believe that an employer has failed to comply with any provision of the Act, the matter will be referred to the Employment Tribunal for determination and settlement and both parties will receive ‘Notification of Referral to the Employment Tribunal’ letters.