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Formal Complaint About A Colleague

Formal Complaint About A Colleague Template for Switzerland

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Key Requirements PROMPT example:

Formal Complaint About A Colleague

"I need to draft a Formal Complaint About A Colleague under Swiss law regarding ongoing workplace harassment that has occurred since January 2025, with emphasis on maintaining confidentiality as the matter involves sensitive personal information and potential mental health impacts."

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Document background
A Formal Complaint About A Colleague is a critical document used in Swiss workplace environments when informal resolution methods have been exhausted or when the severity of the situation requires immediate formal intervention. It must comply with Swiss employment law, particularly regarding personal rights protection (OR Art. 328) and data privacy (FADP). The document should be used when there are serious concerns about a colleague's behavior, professional conduct, discrimination, harassment, or other workplace violations. It serves as an official record of the complaint, detailing specific incidents, their impact, and any supporting evidence, while ensuring proper documentation for potential investigation or legal proceedings. The format follows Swiss workplace standards and includes provisions for both the complainant's and accused's rights, reflecting Switzerland's balanced approach to employment disputes.
Suggested Sections

1. Personal Information: Complainant's details including name, position, department, and contact information

2. Subject of Complaint: Details of the colleague against whom the complaint is filed, including name, position, and department

3. Nature of Complaint: Clear categorization of the type of complaint (e.g., harassment, discrimination, professional misconduct, etc.)

4. Detailed Description of Events: Chronological account of incidents with specific dates, times, locations, and factual descriptions of what occurred

5. Previous Actions Taken: Description of any informal attempts to resolve the issue or previous reporting of incidents

6. Impact Statement: Description of how the situation has affected the complainant's work, well-being, or professional relationships

7. Witnesses: Names and contact information of any witnesses to the described events

8. Desired Outcome: Clear statement of what resolution or action the complainant is seeking

9. Declaration: Statement confirming the truth of the information provided and understanding of the complaint process

Optional Sections

1. Health Impact: Section detailing any medical or psychological effects, relevant when the situation has affected the complainant's health

2. Safety Concerns: Section for describing any immediate safety or security concerns, used when there are threats or risk of harm

3. Financial Impact: Details of any financial losses or career impact, relevant when the situation has affected professional opportunities or caused monetary damage

4. Request for Confidentiality: Specific requests regarding confidentiality and information handling, used when there are particular privacy concerns

5. Related Complaints: Information about any related complaints or incidents involving the same colleague, relevant when there is a pattern of behavior

Suggested Schedules

1. Evidence Log: Chronological list of all supporting documents, emails, messages, or other evidence attached

2. Witness Statements: Written statements from witnesses who observed the incidents

3. Communication Records: Copies of relevant emails, messages, or other communications related to the complaint

4. Medical Reports: Any relevant medical or psychological assessment reports if health has been impacted

5. Performance Records: Relevant performance reviews or work records if the complaint relates to professional conduct

6. Previous Complaints: Copies of any previous formal or informal complaints related to the current situation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Complainant
Respondent
Formal Complaint
Workplace
Professional Misconduct
Harassment
Bullying
Discrimination
Retaliation
Confidentiality
Supporting Evidence
Witness Statement
Line Manager
HR Representative
Investigation Process
Resolution Measures
Working Days
Grievance Procedure
Code of Conduct
Disciplinary Action
Personal Data
Workplace Environment
Professional Relationship
Mediation
Employee Representative
Personality Rights
Duty of Care
Work Performance
Hostile Environment
Corrective Action
Clauses
Confidentiality
Personal Data Protection
Non-Retaliation
Investigation Process
Evidence Handling
Witness Statements
Resolution Process
Rights and Obligations
Timeline and Deadlines
Disciplinary Procedures
Appeal Rights
Documentation Requirements
Health and Safety
Duty of Care
Professional Conduct
Mediation Options
Legal Rights Reservation
Union Representation
Supporting Documentation
Declaration of Truth
Privacy Protection
Communication Protocol
Workplace Safety
Alternative Resolution
Impact Assessment
Relevant Industries

Financial Services

Healthcare

Manufacturing

Technology

Professional Services

Education

Retail

Hospitality

Construction

Public Sector

Pharmaceutical

Transportation

Telecommunications

Non-Profit

Energy

Insurance

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Administration

Employee Relations

Health and Safety

Industrial Relations

Ethics Office

Relevant Roles

Human Resources Director

HR Manager

Employee Relations Specialist

Legal Counsel

Compliance Officer

Department Manager

Line Manager

Team Leader

Executive Assistant

Operations Manager

Project Manager

Chief Executive Officer

Administrative Officer

Diversity and Inclusion Officer

Health and Safety Officer

Employee Relations Manager

Workers' Representative

Union Representative

Industries
Swiss Code of Obligations (OR) Art. 328: Employer's duty to protect employee personality rights, health, and personal integrity in employment relationships. This is fundamental for workplace complaints as it establishes the employer's obligation to take action on formal complaints.
Swiss Code of Obligations (OR) Art. 328b: Processing of employee personal data - establishes what personal information can be handled in employment relationships. Relevant for ensuring the complaint only contains permissible personal information.
Federal Act on Data Protection (FADP): Regulates how personal data must be processed, stored, and protected. Crucial for handling sensitive personal information in the complaint and ensuring confidentiality.
Swiss Civil Code Art. 28: Protection of personality rights against unlawful infringement. Relevant for both protecting the complainant from retaliation and protecting the accused from defamation.
Federal Act on Gender Equality (GEA): Prohibits discrimination based on gender in employment relationships. Important if the complaint involves any gender-based discrimination or harassment.
Swiss Criminal Code Art. 173-177: Provisions on defamation, calumny, and injury to honor. Relevant for ensuring the complaint doesn't cross into criminally defamatory territory.
Workplace Health Ordinance (ArGV3): Regulations on workplace health protection, including psychological health. Relevant if the complaint involves workplace stress or psychological harassment.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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