FAQ: What does my employer need to tell me about a complaint made against me?
Being told someone has complained about you at work can be really upsetting. You may worry about your reputation, how it will affect your relationships with colleagues, or whether your job is at risk. It is even harder when your employer does not explain what you have supposedly done.
A complaint is an allegation, not a finding of wrongdoing. Before taking disciplinary action, your employer needs to follow a fair process. That includes giving you enough information, and a reasonable opportunity, to explain your side.
The Employment Relations Act 2000 sets out duties of good faith. Where your employer proposes a decision likely to affect the continuation of your employment, section 4 generally requires access to relevant information and an opportunity to comment, subject to confidentiality exceptions.
Section 103A also considers whether an employer investigated sufficiently, raised its concerns, gave you a reasonable opportunity to respond, and genuinely considered your explanation when assessing whether action was justified. In everyday terms, you should not have to guess what you are defending yourself against.
Your employer can make initial enquiries to establish whether there is an issue. However, once there is a case for you to answer, it should normally put the allegations to you rather than reach conclusions without your input.
What should my employer tell me about the complaint?
A vague statement about someone having made a complaint about you gives you very little to work with.
Ask for clear details, preferably in writing, including:
What you allegedly said, did, or failed to do,
When and where each incident supposedly happened,
Who was involved,
Which employment obligations or workplace rules you allegedly breached,
Whether the matter is an investigation or a disciplinary process, and
What possible outcomes you face.
For example, “you were rude to a customer” is vague. An allegation identifying the shift, interaction, words allegedly used, and customer’s account gives you something you can check and answer.
If there are several allegations, ask your employer to list them separately. You may agree that one incident happened but strongly dispute another.
Ask what outcome, such as a warning or dismissal, is being considered as this can help you understand how serious the situation is.
Do your employer have to disclose who complained?
In most circumstances, you should be told who is making allegations about your behaviour, particularly where that person’s account is being used as evidence.
Employment New Zealand says employees are entitled to know witnesses’ identities so they can respond fully. Its guidance allows anonymous witnesses only in very rare cases, with good reason and enough information for a reasonable response.
However, there is no absolute right to the identity of every person who reports a concern. A person who alerts management to an issue may be different from a witness whose evidence supports an allegation. Special legal protections can also apply, such as those covering protected disclosures.
If your employer won't tell you who has complained, ask why. Explain specifically how knowing the person’s identity would help you respond. For example, it might allow you to identify the conversation, explain an existing disagreement, or point out that the person was not present.
Keep your questions and conversations about the complaint within the process. Avoid confronting the complainant or putting pressure on witnesses.
What evidence should my employer provide?
Ask for the relevant material supporting the allegations and anything your employer intends to rely on when making their decision about the complaint. Depending on the complaint, that might include:
The complaint itself,
Witness statements or interview notes,
Emails, messages, photographs, or relevant CCTV footage,
Rosters, timesheets, or other workplace records, and
Any investigation report relevant to the proposed action.
A complaint does not have to be written or supported by video to deserve investigation. A witness’s account can be evidence. However, your employer still needs to assess its reliability and consider your response.
Check whether the material gives the full picture. A screenshot may leave out earlier messages. A short video clip may miss what happened immediately before it.
Ask for missing context and identify records or witnesses that could support your explanation. If footage could be deleted automatically, promptly request that it be preserved.
Can my employer say the information is confidential?
Sometimes information can lawfully be withheld. You are not automatically entitled to unrelated personal details or legally privileged advice. However, a confidentiality concern should not become a blanket excuse for withholding the substance of the case against you. Section 4 includes specific exceptions and requires consideration of whether information can be separated from confidential material. Ask whether irrelevant details can be removed, or whether a meaningful summary can be provided.
What can I do if information is missing?
Write to the manager or investigator. Be specific about what you need and why. Keep copies of your requests and the replies.
Avoid simply refusing to participate. You can answer the points you understand while clearly recording what you cannot yet address. If new allegations or evidence appear during a meeting, request an adjournment and time to consider them.
Bring an employment advocate, union representative, or suitable support person. An advocate can help identify missing information, challenge an unfair process, and prepare your response.
When should I get help?
Seek advice early if your employer refuses essential information, appears to have already decided you are guilty, or is considering dismissal.
Unjustified action that disadvantages you, or an unjustified dismissal, may give grounds for a personal grievance, depending on your circumstances and eligibility. These grievances generally need to be raised with your employer within 90 days of the action or when it comes to your attention, whichever is later.
If there are allegations against you in the workplace, or you are told there has been a complaint, your employer needs to follow a fair and reasonable process to address them. If you are facing allegations and are concerned about your rights, get in touch today for a free consultation.
MathewsWalker.co.nz | Employment Problems Solved | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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