Professional Standards

Complaints & Disciplinary Procedure

Professional complaint handling, investigations and disciplinary procedures for maintaining high standards in recruitment services.

AHFSA Procedure

Complaints & Disciplinary Procedure

AHFSA has an important role in raising and setting standards in the recruitment and staffing industry.

Section 1

Introduction

1.1

AHFSA has an important role in raising and setting standards in the recruitment and staffing industry.

1.2

In order to maintain high standards, Members agrees that the AHFSA shall investigate Members’ ongoing compliance with the AHFSA Rules through the AHFSA’s online Grievance Forms and Compliance Reviews (inspections).

1.3

AHFSA will also investigate complaints against employee that arise out of an allegation of a breach of any of the AHFSA Rules.

Section 2

General

2.1 Definition of Member

For the purposes of the Complaints and Disciplinary Procedure, Members means “Corporate Members (including Overseas clients, Indian clients and individual clients)”

2.2 Complaints against Members

Any person may complain to AHFSA that a Member's conduct has breached any of the AHFSA Rules. Any such complaint will be considered under this Procedure.

2.3 Evidence or allegations in the public arena

AHFSA may instigate an investigation if evidence or allegations made in the public domain come to its attention that suggests that a Member may have breached any of the AHFSA Rules.

2.4 Anonymous complaints

AHFSA will not under normal circumstances accept anonymous complaints but will require full disclosure from all parties in a complaint. AHFSA may at the discretion of the President, accept an anonymous complaint. AHFSA may refer anonymous complaints to the relevant statutory authority as appropriate.

Section 3

Complaints

3.1 Time period in which to make a complaint

Complaints must be made to the Complaints Officer in writing. A complaint must be made within six months of:

  • the incident complained about, or
  • a finding by a legal or regulatory authority.

In the event that a complaint is brought after six months, the complainant must provide written reasons for the delay.

3.2 Complaints which AHFSA will investigate

  • criminal convictions;
  • civil court judgments;
  • an employment tribunal decision against a Member;
  • the revocation of a licence issued by the concern Licensing Authority.

3.3 Complaints which the AHFSA will not investigate

  • complaints arising from legal or contractual disputes;
  • disputes between Corporate Members and their employees;
  • actions already subject to investigation by a regulatory authority.
Section 4

The Complaints and Disciplinary Procedure

4.1

AHFSA Complaints and Disciplinary Procedure is set out below and should be considered in conjunction with AHFSA.

4.2 The Member’s internal complaints procedure

AHFSA requires all Corporate Members to operate a complaints procedure. The complainant should in the first instance raise the matter with the Member concerned.

4.3 Complaints should be in writing

Complaints should be submitted in writing to AHFSA, preferably using AHFSA grievance form, together with all relevant documentary evidence.

4.4 Formal investigation of a complaint

If the Complaints Officer decides that a formal investigation is required, he/she will notify the Member in writing of the nature of the complaint along with supporting documentation.

4.5 Consent to forward the complaint to the Member

If there is any reasonable doubt about the complainant consenting to their complaint being forwarded to the Member, such consent will be sought before forwarding.

4.6 Responding to a complaint

The Member must respond to the complaint in writing within 10 working days of the date of AHFSA notification.

4.7 Requests for further information

The Complaints Officer may contact both the complainant and the Member to seek further information or clarification.

4.8 Disclosure of information received during an investigation

The Complaints Officer will forward all responses and enclosures received during the course of an investigation from either party.

4.9 Resolving a complaint

The Complaints Officer may resolve the matter informally, make findings or refer the matter to the concern authorities.

4.10

If either the complainant or Member is not satisfied with the decision of the Complaints Officer, the matter may be submitted to the concerned authority.