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facilitate discussion between both parties to achieve an informal resolution which is
acceptable to the complainant, or refer the matter to a designated mediator within the
company to resolve the matter
ensure that a confidential record is kept of what happens
follow up after the outcome of the complaints mechanism to ensure that the behaviour has
stopped
ensure that the above is done speedily and within […] days of the complaint being made
Formal complaints mechanism
If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to
a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the
matter.
The designated person who initially received the complaint will refer the matter to a senior human
resources manager to instigate a formal investigation. The senior human resources manager may deal
with the matter him/herself, refer the matter to an internal or external investigator or refer it to a
committee of three others in accordance with this policy [Choose what options are most appropriate
for the company].
The person carrying out the investigation will:
interview the victim and the alleged harasser separately
interview other relevant third parties separately
decide whether or not the incident(s) of sexual harassment took place
produce a report detailing the investigations, findings and any recommendations
if the harassment took place, decide what the appropriate remedy for the victim is, in
consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion
if the victim was demoted as a result of the harassment, training for the harasser, discipline,
suspension, dismissal)
follow up to ensure that the recommendations are implemented, that the behaviour has
stopped and that the victim is satisfied with the outcome
if it cannot determine that the harassment took place, he/she may still make
recommendations to ensure proper functioning of the workplace
keep a record of all actions taken
ensure that the all records concerning the matter are kept confidential
ensure that the process is done as quickly as possible and in any event within […] days of the
complaint being made
[Explanatory note: Companies will need to create specific complaints mechanism to meet their needs.
For instance a small company may not be able to have a panel of three decide on sexual harassment
claims, and it may be more appropriate to have certain individuals trained in the company to
investigate the complaints. If a committee is created to carry out the investigation, the committee
should be set up bearing in mind gender-balance and could include, a representative of the company,
a worker representative, etc. The Committee members, just as HR personnel or investigators dealing
with sexual harassment, should be trained on understanding and deciding what constitutes sexual
harassment, how to investigate it, etc.
It is also vital that the wishes and needs of the victim are incorporated into the outcome of the
complaints mechanism. For example, if it is found that a victim was harassed by a colleague and that
they work together on a daily basis, the views of the victim should be ascertained before making a