Your Complaint, Your Rights
Your Complaint, Your Rights outlines your rights if you want to make a complaint
about bul ying, harassment, or discrimination in your public sector workplace.
It supplements the Speaking Up model standards and summarises your rights so
they are clear and easy to understand. When your rights are recognised and
upheld, it helps reduce the risk of harm during the complaints process.
You have the right to be treated
complaint. Where possible, the people
with respect
managing your complaint will remain
the same.
You will be treated with respect and
dignity.
Your complaint will be managed in a
timely way. Timeliness wil depend on
Your complaint will be taken seriously.
the nature of the complaint and the
You have the right to be kept safe
process being fol owed.
at work
You have the right to effective and
You will have a safe working
regular communication
environment throughout the complaint
All information given to you must be
process.
clear and use language that is easy to
Your organisation will work with you to
understand.
identify and manage any risks to your
You will be kept informed of progress
safety or welfare in the workplace. This
in managing your complaint, at
includes risks related to contact with
reasonable intervals agreed with you,
the person or people complained about
and generally at least once a month.
(the respondent/s) and protection from
This will include next steps in the
any reprisals.
process and their timing, and an
You have the right to have your
update when no progress has been
complaint managed with care
made.
Your complaint will be managed in an
Be aware that progress updates might
impartial and non-judgmental way,
not include details about the
with sensitivity and discretion.
information gathered.
Your complaint will be managed with
This will depend on nature of the
care, by people with the appropriate
information and the nature and stage of
level of skil or training to handle your
the process.
1 | Your Complaint, Your Rights
Your Complaint, Your Rights
You have the right to be fully
• The process your organisation
informed about the complaint
settles on, and intends to follow, in
process
managing your complaint.
• How information about your
Your organisation will have clear
complaint will be stored and who it
information available to all staff about:
will be shared with.
• The available ways to
make your
You will receive appropriate and timely
complaint. Internal y, these may
information about the outcome of your
include through line management,
complaint.
human resources, union
representatives, and directly to the
Be aware that it may not be appropriate
chief executive.
to share details of the outcome or
resolution in every case.
• How to make a protected
disclosure as well as external
complaint avenues available.
Privacy and confidentiality
Your privacy and confidentiality will be
• The available options for
protected, as far as is reasonably
responding to and managing your
possible. The limits of confidentiality will
complaint. These may be internal
be explained to you.
options, ranging from facilitated
conversations to formal
If you have particular privacy concerns
investigations; and external
and ask your agency to restrict access to
options, such as mediation and
your complaint even further, this may
MBIE’s early resolution service.
impact:
You will be provided with a full and
• the timeliness of your organisation’s
clear explanation of:
response (if there are fewer people
who can access the information)
• How your organisation decides
which approach will be taken to
• your organisation’s ability to make
manage your complaint, including
connections between complaints and
your role and involvement in that
learn from your case
decision. This will include an
• your organisation’s ability to take
explanation of the available options
appropriate steps or investigate at all
and the potential outcomes of each.
(if they are unable to put the concerns
to the respondent without identifying
you).
2 | Your Complaint, Your Rights
Your Complaint, Your Rights
You have the right to an
appropriate level of support
Be aware that legal costs will likely be
You are entitled to have a support
subject to pre-approved caps or other
person present at any stage of the
financial limitations.
complaints process.
Be aware funded legal support would
You will be provided with non-
not general y cover complaints or
judgmental support from your manager
grievances about your organisation, its
or other suitable person in relation to
acts or omissions, or management of
both your work and your complaint.
your complaint.
You will be told about any tailored or
standard support that is available to
you and how you can access it. This may
include being offered counselling or
other support services from a suitably
qualified person who can meet your
identified needs.
Legal support
For complaints of serious misconduct,
such as sexual harassment, support may
include independent legal support paid
for by your agency to help you through
the complaint process. This will only be
provided in limited circumstances at the
discretion of your agency. This could
include where:
• there is a significant imbalance,
between you and the respondent, in
seniority, power, resources or
influence; or
• the complaint is particularly
complex or serious in nature.
3 | Your Complaint, Your Rights
Your Complaint, Your Rights
Other things you should know
Who is this guide for
Your Complaint, Your Rights is for anyone making a complaint about bullying, harassment or
discrimination in their public sector workplace. As this supplements the Speaking Up model
standards, “public sector” has the same meaning as set out in those standards.
Your organisation must be fair to all
It is important for you to understand that your organisation must be fair to all, including the
respondent. Your organisation must act fairly and impartially when dealing with them, so at the
appropriate point the respondent may need to be told about the concerns in sufficient detail to
enable a genuine opportunity to respond. This may mean you wil be asked to provide further
information and asked questions about your experience.
This fairness-to-all requirement is also the reason why there are some restrictions on if and when
information can be provided to you. You may also be asked to limit who you share information with
beyond your support person and/or legal advisor to protect the integrity of the process and the
privacy of the respondent.
Where to find more detailed information
This guide supports your organisation’s policies on:
[Agency to insert relevant internal policies and procedures in relation to protected disclosures and
wider speaking up]
If you wish to speak to someone in your agency about any of these, you can reach out to:
[Agency to insert contact details]
If you are making a complaint about sexual harassment, there is a list of external places to raise
your complaint or seek support on the Public Service Commission’s website.
This guide also reflects the Public Service Commissioner’s model standards about Speaking Up and
Positive and Safe Workplaces.
4 | Your Complaint, Your Rights
Your Complaint, Your Rights
Raising concerns about how your complaint has been managed
If you feel your rights are not being, or have not been, upheld in the consideration of your
complaint, then you can raise the matter through your organisation’s internal complaints process
in the first instance. The details are here:
[Agency to insert details of, or a link to, their internal complaints process]
The Ombudsman can consider complaints about a public sector organisation’s handling of a
complaint or protected disclosure. They can also give confidential guidance about making a
protected disclosure under the Protected Disclosures (Protection of Whistleblowers) Act 2022. In
limited circumstances, the Public Service Commission may also be able to consider concerns about
how your complaint was handled by your workplace.
The Privacy Commissioner can receive complaints about the way personal information has been
handled.
5 | Your Complaint, Your Rights
