Addressing complaints in the workplace is no easy task, regardless of the parties involved. On occasion, it might seem simpler to voice concerns informally during casual conversations. This approach keeps the complaint undocumented, giving you an escape from a formal process. Alternatively, some might think that an unrecorded verbal complaint suffices as a formal one.
However, there’s a compelling advantage to documenting when and who raised complaints and their specifics. This documentation serves as valuable evidence, which can be crucial if the complaint needs further action or if its occurrence must be proven.
The Weight of a Written Complaint Compared to Verbal Ones
Though making a verbal complaint to your HR department (as an employee) or an employee (as an employer) may seem convenient, it’s crucial to recognize the need for future evidence.
Putting your complaint in writing allows you to provide it as evidence if it’s requested later, especially if others encounter a similar issue or require proof of the problem’s existence. Verbal complaints, in contrast, can easily be disputed or denied.
If you decide to take legal action related to a filed complaint, presenting a verbal complaint as evidence can be challenging, even if you remember the details.
Filing a Complaint as an Employee
For employees, it’s essential to formalize your complaints. When your complaint necessitates action, as an individual, you might be at a disadvantage compared to a company with HR resources.
When addressing a complaint with HR, clearly state that it’s a formal complaint and request it be documented and filed. Even if the issue is resolved internally and you don’t need to revisit it, having proof can be invaluable.
Stephen Gleave is a Canadian Labour Lawyer with more than 30 years of legal experience. He’s completed 50 trials, 300 labour and commercial arbitrations and 50 labour and civil injunctions. He has consistently proven himself to be a leading commercial litigation lawyer representing clients from organizations in both commercial and employment disputes.
“Addressing complaints in the workplace isn’t an easy task, and as an employee, it can certainly be intimidating,” explains Gleave. “Many have a fear of retaliation, which is often why complaints go unaddressed. This is why it’s imperative that you put any complaints into writing. It may seem easy to voice concerns during casual conversations, but this leaves your complaint undocumented. Having your complaint formally documented not only protects you, but it can be crucial if the complaint requires further action or if its occurrence has to be proven.”
Submitting a formal complaint signals to your company that you are serious about the issue, potentially prompting them to take immediate steps and offer resources like medical or mental health leave, government benefits, or accommodations.
Common issues employees may bring to HR include a toxic work environment, discrimination, harassment (including sexual harassment), illegal conduct by another employee, micromanagement, lack of support or resources, inadequate pay, bullying, disputes among coworkers, an inadequate workspace, and more.
If you’ve experienced any of these issues, consider reaching out to HR to make a formal complaint.
