Internal Complaints Process

Man With A Van strongly encourages any staff member who believes they have been discriminated against, bullied, sexually harassed or victimised to take appropriate action by following the flowchart:

Establishing the complaint

If you have a complaint regarding your treatment in the workplace, and feel you have been harassed or vilified, the first point of contact is your immediate supervisor, manager or staff representative. 

This person will discuss the issue with you, and generally should encourage you to complete a report and email it to the General Manager.

Notifying in writing

Is your complaint about a manager?

Rather than email the report below to confidential@manwithavan.com.au, you should contact one of the following staff members as appropriate:

(See table above for contact information.)

General Manager Humans

Company Director

Communications Manager

Health and Safety Representative (Abbotsford)

Health and Safety Representative (Cranbourne)

Transport Workers Union Delegate

Is your complaint someone other than a manager?

To notify the General Manager (humans) of the details of your complaint, please copy and paste the following report into an email and send to confidential@manwithavan.com.au

Subject: Confidential complaint

To the General Manager

WORKPLACE DISCRIMINATION, HARASSMENT, SEXUAL HARASSMENT AND BULLYING COMPLAINT FORM

Staff member:

Name of person completing the report if not staff member and relationship to complainant:

Date and time of incident/s:

Has the behaviour ceased or is it still ongoing?:

Location of incident/s:

Name or description of accused:

Were they a: Customer / Colleague / Manager / Other (please specify)

Please categorise the incident/s: "Discrimination / Harassment / Sexual Harassment / Bullying / Vilification / Victimisation / Unsure"

What happened? Please briefly describe the incident or behaviour:

Witness details (name, contact details):

What other steps have you taken following this incident or behaviour? (e.g, spoken to a colleague or manager, reported to police or other authority etc):

What would you like to happen to resolve this complaint or issue? If possible, please indicate what would be a satisfactory outcome for you in relation to this complaint (e.g. that the offending behaviour cease, disciplinary action be taken, receive an apology):

Once this form is complete, it should be emailed to confidential@manwithavan.com.au

Thank you for submitting your complaint. A copy of this form has been emailed to you as well as  the MWAV General Manager (humans).

To follow up on this report, you should contact either:

(See table above for contact information.)

MWAV General Manager

Health and Safety Representative

Transport Workers Union Delegate

Early resolution

The complaint can be resolved without further assessment if one of the following apply:

• The complainant believes that the matter can be resolved through direct conversation with the respondent

• The information on hand supports a view that the complaint has arisen from a misunderstanding or miscommunication

• The behaviour being complained about is not serious and isn't classified as discrimination or harassment

Early resolution may involve:

• Direct private discussion between the complainant and the respondent

• An impartial third person conveying information between those involved

• An impartial third person helping those involved to talk to each other and find a solution. In some situations it may be appropriate for the impartial third person to be someone external to MWAV

Formal resolution

Note: A "complaints officer" is the person designated to receive and act on internal complaints. This role is performed by the General Manager (humans), or a Company Director, as appropriate.

If a person wishes to proceed with a formal complaint of discrimination or harassment, or if this is considered the appropriate course of action, the following will apply:

A. Between the complaints officer and the complainant

• It will be explained that the process is confidential, and why this is the case

• The complaints officer will provide information about the complaints process, its potential outcomes and options for support

• The allegations will be documented by both the complainant and the complaints officer in tandem

• Explain what records of the complaint will be kept, for how long, and where

• Explain the actions which may be taken if the complaint is found to be vexatious or malicious

• Ask the complainant to provide documents or details of witnesses supporting the allegations

• Where there is a concern about supporting information being destroyed or compromised, the complaint officer should try to obtain this information before taking any further action

B. From the complaints officer to the respondent

• Advise the respondent that a complaint has been made against them, and provide as much information as possible about the allegations and any supporting information

• Confirm that the respondent will be given the opportunity to reply to the allegations in writing or through an interview

• Provide information about the complaints process, potential outcomes and options for assistance

• Explain that the process is confidential, and why this is the case

• Explain what records of the complaints will be kept, for how long, and where

• Explain that it is unacceptable to victimise someone who has made a complaint

C. Assessment of information

• Where the respondent confirms they took the action alleged by the complainant, and that action is considered discrimination or harassment, the next step is to consider an appropriate response (see below)

• If there is disagreement about what happened, the complaints officer should consider whether there is other (outside) information that will help reach a decision. The complaints officer will need to find that it is 'more probable than not' that what is alleged did happen.

• Given the nature of discrimination and harassment, there may be no additional evidence to support the complainant's version of events. It will be recognised that this doesn't mean the allegation is untrue. The complainant will be given the opportunity to comment on the information that has been provided by the respondent, and to provide any other information to support his or her allegations before a final decision is reached.

Outcomes

A. Where the allegations are admitted or substantiated, outcomes for the respondent may include:

• Disciplinary counselling

• An official warning

• A requirement to attend discrimination and harassment awareness training

• A requirement to provide a formal apology to the complainant

• Disciplinary action (e.g. demotion, transfer, suspension, probation or dismissal)

• Participation in mediation to restore relationships in the workplace

B. Where the allegations are admitted or substantiated, outcomes for the complainant may include:

• Re-crediting of leave taken as a result of the discrimination or harassment

• supportive counselling

• A change in work environment, as requested, for example, a change in work teams

• Participation in mediation to restore relationships in the workplace

• The complainant must be provided with general information about the outcome of a complaint, as this may affect their decision to pursue the matter with an external agency.

• The level of detail provided to the complainant should be balanced against the need to respect the respondent's privacy

C. Where the allegations are not admitted or substantiated

• Even when the claims are not substantiated, it may still be an appropriate reminder to provide refresher training for all staff regarding appropriate workplace behaviour, and/or re-issue the bullying and complaints policies to all employees.

• When doing this MWAV will try to avoid creating an impression of guilt or punishment of the respondent.

Leave and medical expenses

Do you need to take time off work due to the nature of your complaint? Do you need to seek medical support due to the nature of your complaint?

If you answer yes to the above, you should complete a Workcover Injury Claim and see your GP to obtain a Workcover Certificate of Capacity. You can also contact Worksafe Victoria on 1800 136 089 or https://www.worksafe.vic.gov.au/ for more information.

Privacy Policy

All internal complaints and associated physical or electronic documents will be treated with the strictest confidence. The email address confidential@manwithavan.com.au is only accessible by the MWAV General Manager (humans). If your complaint refers to MWAV General Manager (humans), please speak to your staff representative about the best way to handle the information.

(See table above for contact information.)