Question to Ask the Workplace Doctors about being informed of a complaint:
Should I be told prior to a tribunal who has made a complaint against me and what the complaint is?
We are a workplace communications site and cannot give legal advice. However, I’m not clear if this is a strictly legal question, so I’ll give some general information that might be helpful.If this is a legal matter, where you might be charged criminally, you need to seek an attorney’s assistance. If not, you may still want an attorney to protect yourself financially or civilly.If the matter is not that severe, talk to the person in charge of the Tribunal and find out if there are written guidelines and requirements that will let you know your rights and responsibilities.Whether or not you have to be told details ahead of time is governed by the Tribunal rules and the type of Tribunal it is. The fact that you use that phrase indicates you are from outside the United States, so the situation could vary according to where you are.(And, since Jean Gray was a Marvel Comic book heroine and participated in Tribunals, I wondered if that was what your concern was about!)But, back to real life. There are times when someone should be allowed to get witnesses and to write out their story before they have to answer questions about a complaint. There are other times when the person only needs to know that a general type of complaint was made, but it would not be good for them to “get their story figured out” before they are questioned. Or, it may be that the person making the complaint is protected by organizational rules or by the law. Get the assistance you need, either legally or from your organization or the Tribunal director, so that you are well informed.
Tina Lewis Rowe