When the Tribunal has received the information from the relevant parties, it will inquire into the complaint.
This may involve seeking more information from one or more of the parties. The Tribunal may also need to seek information from third parties, such as a member's former employer. The Tribunal has the power to require organisations and people to provide it with information and documents necessary for the purposes of resolving the complaint.
When the inquiry is completed, the Tribunal will consider whether it should proceed to resolve the complaint.
Complaint Withdrawn
The Tribunal may decide to treat the complaint as withdrawn, if any of the following apply:
- The complainant fails to reply to any correspondence or phone calls over a period of time.
- The complaint is made more than 12 months after the decision or conduct to which the complaint relates (except in the case of complaints relating to the payment of a Total and Permanent Disablement benefit).
- The complaint is considered to be trivial, vexatious, misconceived or lacking in substance.
- The subject matter of the complaint has been, or is likely to be, dealt with by another body or statutory authority, or has already been dealt with by the Tribunal itself.
If the Tribunal decides to withdraw a complaint it will write to all parties to explain why it has decided to do so. It will give the complainant an opportunity to respond before it makes a final decision.
Complaint Proceeds
If the Inquiry is completed and the complaint is not withdrawn, the Tribunal will usually proceed to try and resolve the complaint by conciliation.
Inquiry Length
The length of time it takes the Tribunal to complete its inquiry varies from one case to another, but can take several months if the matter is complex or it has difficulty obtaining information.