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An employee complains: the seven-day procedure that holds up in court

4 min read · Updated

Day 1: receive it in writing

Ask the employee to complete the complaint form from the library (privately, never on the floor). Give it a case number and a received date. Tell the complainant who will handle it and that they are protected from retaliation.

Day 2: the other side and the witnesses

Hand the person named in the complaint the notice of violation and the statement form, with a return date. Ask each witness, separately, to write only what they saw or heard. Collect the attendance log, messages or camera clips that bear on it.

Day 3 to 5: the hearing

Hold the investigation with the accused employee: questions and answers written in the investigation record, their defence in their own words, documents reviewed. They sign for attendance only, not for guilt; if they refuse, a witness signs that they refused.

Day 6: the lawful step

Run the case through the Case & Disciplinary Advisor: it checks that the violation is in your approved regulations (Art 67), that 30 days have not passed since discovery (Art 69), the fine ceilings (Art 70), and whether a previous penalty within 180 days raises the step (Art 68). The owner approves the proposed action in writing.

Day 7: the decision and the file

Hand the written decision against signature (registered mail if refused), with the 30-day grievance right and your 15-day reply (Art 72). Enter any fine in the fines register (Art 73). Close the complainant's loop with a short written reply, even when no penalty follows.

What breaks cases

A warning given verbally with nothing in the file; a fine not in the approved regulations; a penalty issued 40 days after the fact; two penalties for one violation; a decision the employee never received. Each one reverses the penalty at the labor office and can cost compensation.

Checklist

Ticks stay on this page only; print it to keep a copy.

The tool that does this for you

Every step above has a free calculator, advisor or document on this site. Open the tools page and run your own numbers.

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