When the investigator’s recommendations are accepted by the parties:

Continue to step 9

Recommended not accepted

Where the complainant does not accept the recommendations of the investigator, they are entitled to refer the matter to either:

  • The Human Rights Commission, or
  • The Personal Grievance Provisions of the Employment Relations Act.

Where the Company does not accept the recommendations of the investigator, it must advise its position in writing to the complainant setting out its reasons for rejecting the investigator’s recommendations and also setting out a counter-proposal for settling the matter (if any).

If the complainant and the Company cannot settle the matter the complainant is entitled to refer the complaint to either:

  • The Human Rights Commission, or
  • The Personal Grievance Provisions of the Employment Relations Act.