Protocol: Complaints procedure

This guide focuses on the complaints procedure, which is part of the formal reporting pathway. An employee who experiences transgressive behaviour can file a complaint with the organisation. The complaints procedure describes where a complaint can be submitted and under what conditions and by what process it will be investigated.

Internal or External Complaint Handling

As an organisation, you can choose to work with internal or external complaint handling.

With internal complaint handling, a complaints officer or complaints committee within the organisation handles complaints in accordance with the internal complaints procedure.

With external complaint handling, the organisation assigns the handling of complaints to an external complaints committee. In that case, the committee operates in accordance with the internal complaints procedure (if available) or the organisation can make use of the complaints procedure of the external committee.

To ensure knowledge of the organisation and its culture within an external complaints committee, it is possible to agree that one employee from the organisation takes part in the external committee. Some sector organisations, such as the NAPK, offer their members the opportunity to use a shared external complaints committee.

In all cases, a complaints committee must be impartial, independent, and competent.

Principles of the Complaints Procedure

  • Unwanted behaviour must be stopped.
  • The complainant should, in principle, not suffer adverse consequences from submitting a complaint.
  • The complainant should, in principle, retain their position.
  • Complaints must be handled carefully and appropriately, with restoring a safe working environment for both the complainant and the respondent as a priority.
  • The respondent and underlying causes must be addressed where necessary.

Informal and Formal Pathways

If it is possible to first follow an informal pathway, this is often preferred. Some complaints procedures state that a complaint may be declared inadmissible if the informal pathway has not been followed.

At the same time, it may not always be reasonable to expect the complainant to discuss the complaint with the accused, or the transgressive behaviour may be so serious that submitting a formal complaint immediately is the best option.

Tasks and Working Methods of the Complaints Committee

Based on the complaints procedure, a complaint can be submitted to the complaints committee. It is not sufficient for the complainant to merely experience behaviour as transgressive. The complainant must demonstrate that, based on objective standards, transgressive behaviour has occurred.

A complaints committee first assesses whether a complaint is admissible. This includes assessing, among other things:

  • Whether the complaint concerns sexual harassment, aggression and violence (including verbal, psychological or other forms of intimidation), discrimination, or bullying
  • Whether the complaint concerns a matter that has already been the subject of a complaint that has been handled in accordance with the regulations and where no new facts have emerged
  • Whether the complaint was submitted anonymously (in which case it cannot be processed)
  • Whether it would be appropriate to first follow the informal pathway and to what extent this has already been attempted

If the complaint is admissible, the committee investigates — in accordance with the complaints procedure — whether the complaint is well-founded. This involves assessing whether the facts described in the complaint are plausible.

The complaints committee applies the principle of hearing both sides by hearing the complainant and the respondent and, where applicable, witnesses and third parties. Hearings take place separately. The complainant is heard first, followed by the respondent, and only afterwards any witnesses.

After all parties have been heard, the complaints committee prepares a report.

If the complaints committee considers the complaint to be substantiated, it advises the organisation on possible employment-related measures against the respondent and/or provides recommendations on measures the organisation should take to meet its duty of care and responsibilities as an employer.

If the organisation does not follow the advice of the complaints committee, it is important that it provides a substantiated explanation to the committee, the complainant, and the respondent.

In addition to its investigative role, the complaints committee may also play a role in aftercare. It monitors whether advice and recommendations have been effective, protects the complainant, respondent, and any witnesses, and advises management.

Role of the Confidential Adviser

Within the complaints procedure, the confidential adviser is responsible for:

  • Discussing the advantages and disadvantages of filing a complaint
  • Assisting in formulating the complaint (if the complainant wishes)
  • Providing guidance throughout the entire process, including hearings

Role of the Competent Authority

The competent authority remains informed about the process but does not play an active role in the investigation and maintains a neutral position.

Further Information and Contact

More information about the complaints procedure of the Social Safety Performing Arts Foundation, which members of NAPK, VSCD and VNPF can access, can be found on their website (in Dutch).

Do you have questions or would you like to discuss your situation? Please contact our advisers via advies@mores.nl.