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Complaint Handling - Audits, Investigation, Mediation

Whether you have a complaint of discrimination, harassment, bullying or interpersonal conflict, or even when you are not sure what type of complaint you might have, I can assist you to deal with it appropriately and effectively. I work with clients to find the best and most effective approach to deal with each type of complaint.

Audits

An organizational or departmental audit is an effective diagnostic tool which I use in cases where a workplace has numerous, or ongoing disputes, or where there is a sense that there is an underlying issue which is not being reported. An audit can also be used in cases where an employer receives an anonymous complaint which raises concern. An audit can be an effective alternative to a formal investigation for complaints of bullying and conflict, and/or where there is some flexibility in an organization’s policy with respect to complaint resolution.

Investigation

Investigation is required or recommended for a majority of complaints of discrimination and discriminatory harassment, particularly when an employer has received a written complaint. I have acted as an investigator for numerous complaints under in-house Corporate Harassment Policies. I have also assisted clients with complaints filed with the (now defunct) BC Human Rights Commission and the BC Human Rights Tribunal. I have been successful in getting each case I have handled for my clients dismissed prior to having to proceed to a Tribunal hearing.

Mediation

Mediation can be an effective dispute resolution tool for some discrimination, harassment, bullying and conflict complaints. My approach is to conduct an initial interview with the parties in dispute, and then to make a recommendation to my client as to whether or not mediation is recommended for resolution of the issue. Factors which are crucial to the success of mediation include the nature and complexity of the issues in dispute, how long the dispute has been ongoing, as well as the positional power of the individuals involved.

If it is determined that a dispute is suitable for mediation, a number of individual preparatory meetings are held to prior to the mediation. These meetings focus on clarifying what needs to be said and how to discuss it respectfully (communication skills development). A successful mediation will result in a signed written agreement between the parties which will always include some language about how future conflicts between the parties will be dealt with. The participants in the mediation must also select at least one member of management who will receive a copy of the mediation agreement.

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erica@ericapinskyinc.ca