Getting to the Bottom of Complaints: Our Step-by-Step Process

Aug 2023

216

Author : Erica Blain, Director, Professional Standards, Registrar, CPHR Alberta

CPHR Alberta is the professional association for Chartered HR Professionals in Alberta. Registered members of our association are subject to the Complaints and Discipline Process as a way to ensure safety to the public. HR professionals have considerable influence over the policies, processes and practices employed by organizations across Alberta which affects how almost all Albertans are treated in the workplace. As a result of this influence, it is important that HR professionals are held accountable for their decisions and advice. The Complaints and Discipline process at CPHR Alberta exists so that members of the public have an avenue to share concerns, queries, and complaints about the Human Resources professionals in their organizations.

When a member of the public reaches out to CPHR Alberta with a complaint, the first thing that needs to be ascertained is whether or not a complaint is sound. Sound complaints are:

Based upon facts and have good supporting documentation.
Seem to be the result of the HR professional’s decision-making.
Clearly indicate that the CPHR Alberta Code of Ethics or Standards of Professional Practice may have been breached.

Complaints may not be sound for a handful of reasons:

The complainant has very little documentation or evidence to support the claim being made;
The HR Professional was clearly not the decision maker in the issue at hand and therefore cannot be held accountable;
The only complaint is that someone was released from a role without cause and the process followed appropriate legislation.

The most common types of complaints CPHR Alberta receives that are found to be sound and are therefore investigated, involve one or more of the following:

Breach of confidentiality of sorts by the HR professional
Concerns with an HR Professional’s expertise and ability in carrying out an investigation or other process
Concerns about bias, prejudice or conflict of interest when hiring, recruiting or disciplining
Insufficient concern by an HR Professional for employee’s mental wellbeing
Violation of Alberta Employment Standards for pay or overtime
Harassment

Any concern that an HR Professional has violated the Code of Ethics or Standards of Professional Practice should be reported to CPHR Alberta.

Process Overview

When a complaint is sent in by a member of the public, CPHR Alberta follows the below process.

CPHR Alberta receives a complaint and checks for soundness and completeness.
If the complaint is sound and complete, the HR Professional is notified of the complaint and asked to respond.
Once CPHR Alberta has both the complaint and response, the Discipline Committee reviews and makes a decision to dismiss or move to an investigation.
Parties are offered Alternative Dispute Resolution and if declined, an investigation takes place.
Once an investigation is completed and the Investigation Report is compiled, the Chair of the Discipline Committee decides whether the Code of Ethics was breached or not.
If an HR Professional is found to have breached the Code of Ethics or Standards of Professional Practice, they are referred to a Discipline Hearing where they are given a discipline order.

Dismissal of Complaints

While some complaints are founded and the HR Professional in question is disciplined as required, some complaints are also dismissed. There are a variety of reasons a complaint may be dismissed.

One is that a complaint may not be valid, meaning that the complaint being made does not have a strong basis in fact. This could include someone complaining that they were let go without cause and they didn’t think they deserved to be let go.

Another reason a complaint is dismissed is because it is apparent the complainant is making the complaint because they are upset but that there is no actual complaint. This might look like someone who is angry for losing a job and is now stating that the HR professional broke every part of the code, violated the Human Rights Act and the Alberta Employment Standards but there is no evidence that any of the accusations are based in reality.

A trivial complaint will also be dismissed. A trivial complaint is minor in nature and is lacking in evidence. The committee will not notify the respondent that this complaint was filed but will keep it on record in case similar complaints against the same individual are submitted.

Outcomes of Complaints

When a complaint is valid, sound and not vexatious and then, through an investigation by the Committee, is also founded, the HR professional will face discipline.

CPHR Alberta is not currently a self-regulated association, and so there is a limitation in the power given to the Discipline Committee regarding orders that can be determined.

CPHR Alberta cannot:

Force an organization to re-hire someone who was fired, laid off or let go without cause
Reward damages to the complainant
Financially punish the respondent

CPHR Alberta can:

Recommend or enforce further education for the professional to prevent future violations of a similar nature.
Require that specific courses be completed in order to better understand ethics, legal issues and other rules that HR professionals must follow.
Suspend or revoke the CPHR designation of the HR professional who violated the Code of Ethics
Revoke membership with CPHR Alberta

The CPHR Alberta Discipline Committee exists to investigate complaints from the public to ensure that our Chartered Members are following the Code of Ethics and Standards of Professional Practice to which they have agreed.

If you wish to file a complaint against an HR Professional in Alberta, please visit our website here for more details.

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