Complaints and Disciplinary Procedure
In accordance with Clause 22 of the Human Resource Institute of New Zealand Incorporated Constitution and Rules, this Code of Professional Conduct (Codes of Practice) and Complaints & Disciplinary Procedure has been adopted by the Board and is binding on all members.
1.1 A complaint may be made about a member by another member or by the President of HRINZ on behalf of HRINZ or by someone else who is directly affected by the professional and/or ethical conduct of the member.
1.2 Complaints must be made in writing to the Chief Executive of HRINZ, citing:
i. the name of the complainant and the member complained about;
ii. specifically which element of the Code of Professional Conduct (Codes of Practice) the accused member has allegedly breached;
iii. details of the alleged breach;
iv. details of how the alleged breach has disadvantaged the complainant;
v. the remedy sought; and
vi whether the person has sought, is seeking or intends to seek to resolve the issue in any other way and/or through any other forum.
1.3 Complaints must be lodged as prescribed in Section 1.2 as soon as possible but in any event within 90 calendar days beginning with the date on which the action allegedly occurred or came to the notice of the complainant.
2. Handling of Complaints
2.1 The Board will consider the complaint and if the complaint is accepted, will delegate the authority to investigate the complaint and report back to the Board. Either one or two persons may conduct investigations.
2.2 The Board may reject any complaint without investigation where the conduct being complained of is or has been, or substantively is or has been, the subject of another grievance process (e.g. under: Human Rights Act; Employment Relations Act, or civil action) or where another forum for remedy is considered by the Board to be more appropriate.
2.3 The Board may reject any complaint if, in its absolute discretion, it believes the complaint is frivolous or vexatious.
2.4 Where the Board accepts a complaint for investigation it may, at its absolute discretion, postpone the commencement of an investigation if for any reason it feels that such a postponement is appropriate.
2.5 Where the Board accepts a complaint for investigation, the President shall within seven days of the decision to accept the complaint, refer or postpone the matter for investigation and shall notify in writing the member complained against of that decision/action.
2.6 Any investigation of a complaint will adhere to the principles of natural justice, and all information and documentation related to a complaint and its investigation shall be treated as confidential information, subject to exceptions contained in Clauses 2.1 and 2.12.
2.7 Where an investigation has been conducted, the Investigator, appointed by the Board, shall within 21 days of completing the investigation make a report of findings and make a recommendation to the Board, giving reasons for the recommendation; the member complained against shall receive a copy of the report. The time frame for the report and recommendation may be extended with the consent of the Board; where this occurs, the complainant and the member complained against shall be advised of the extension.
2.8 Before drawing any final conclusions or making any decision, the Board will give the member complained about the opportunity to provide further comment.
2.9 Where the Board considers that the Member's membership should be cancelled, the Board will review the material and provide the member with a final opportunity to comment before it makes its decision.
2.10 The scope of any decision the Board makes will be in accordance with Clause 3 below and will be final and binding.
2.11 The Board will write to the complainant and the member complained against to advise them of the outcome of the complaint.
2.12 Where the Board considers it appropriate, it may publish the details and the outcome of the complaint.
2.13 Despite any other section of this procedure, where the conduct of a member has been or substantively been the subject of a decision of the High Court of New Zealand, the Board may, with or without an investigation, make a decision regarding the member's standing; such decision will be in accordance with Clause 3 below and will be final and binding.
3. Potential Outcome of Complaint
3.1 After an investigation into an allegation of alleged misconduct or unethical conduct by the Member, the Board may take any action it deems appropriate in the circumstances. This may include but is not limited to the following:
3.2 Cancellation of membership. Where the intention is to cancel a Member's membership, the Member will be given one months' notice of such intention and will be given the opportunity to provide any comment on why they consider that their membership should not be cancelled. The Member will then be advised whether the membership will or will not be cancelled and if so, for what duration.
3.3 Any restriction on the Member's membership status as deemed appropriate and if so, for what duration.
3.4 Imposing as a pre-condition to permitting membership to continue, a requirement on a Member to do or refrain from doing any act. For example, a written apology to the complainant may be required.
3.5 Imposition of a review period during which time the Member's actions are monitored.
4. Impact on Other Proceedings
The findings, decisions and/or actions of the Board are in the exclusive domain of HRINZ and its Code of Professional Conduct (Codes of Practice), and are not intended to be nor may they be used as a component of or evidence in any other proceeding. In accordance with Clause 22 of the Human Resources Institute of New Zealand Incorporated Constitution and Rules, this Code of Professional Conduct (Codes of Practice) and Complaints & Disciplinary Procedure has been adopted by the membership and is binding on all members.