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BHRC

Broad types of remedy and complaint options

There are at least three broad types of remedy and complaint options available locally and/or across borders:

  • lawsuits
  • complaints with public authorities or independent bodies
  • other options including company-based mechanisms and engagement

These pathways are complementary and, in many cases, combining several may increase the likelihood of achieving remedy. You do not have to follow just one pathway.

Recommendation: Seek professional advice when deciding which pathway to choose, especially when it comes to formal lawsuits or complaints.


Lawsuits

Lawsuits are formal legal actions brought before courts to get a legally binding decision. They can be filed by the affected individuals and, in some cases, communities, NGOs or groups (collective actions).

Lawsuits are often used as a last resort, especially when other pathways have not led to a solution or when a binding decision is needed.

Whether you can file a lawsuit and what remedy you can obtain depends on the laws of the country and the specific legal system.

As a general rule, lawsuits must be filed in the country where the harm has occurred and against the company directly responsible for it, not its parent company or the company it supplies goods to.

In some cases, it may also be possible to bring a case against a parent or buyer company in the country where it is based, even if the harm occurred elsewhere and you don’t live in the country you plan to file the lawsuit in. Legal developments in Europe and elsewhere on mandatory due diligence and value chain accountability provide new avenues for this.

When should this option be considered?

  • When serious harm has occurred or there is a high risk of harm
  • When you believe a law has been violated
  • When you want a legally binding decision by an independent court
  • When you are seeking outcomes such as compensation or an order to stop harmful activities
  • When other complaint options have not led to a solution or are not suitable

How it works: 

In most cases, a person or group, often with the support of a lawyer or an NGO, files a case against a company under specific laws before a court.

A judge first decides whether the case can proceed. If accepted, the case moves through legal proceedings. The court reviews evidence and decides on the case.

If successful, the court orders remedies such as compensation or stopping harmful activities.

Possible outcomes:

  • Financial compensation for harms suffered;
  • Orders to stop or prevent further harm (example from our Just Transition Litigation tracker);
  • Penalties, sanctions, or fines against the company;
  • Court confirming legal responsibility or requiring certain actions;
  • Formal and public recognition of wrongdoing.

Limitations:

  • Cases can take months or years;
  • Filing a lawsuit may not be possible in your case or may not lead to a result that you want;
  • Lawsuits can be very expensive;
  • Legal and jurisdictional barriers may apply;
  • Safety considerations (including potential risks of retaliation).

Important to know: Legal support is strongly recommended and often required. A lawyer can help assess your case, explain your options and guide you through the process. Strong evidence is essential to support your case. Make sure to compile documentation of your case.


Complaints with public authorities or independent bodies

Complaints with public authorities are submissions under specific laws or international frameworks to state institutions responsible for ensuring that companies comply with their obligations regarding human rights, labour, and environmental rights. States set up these authorities and independent public bodies to act when companies do not comply, especially where there is harm or risk of harm.

In general, the first option to consider is usually a complaint to the local public agencies or independent public bodies in the country where the harm occurred because they are usually the bodies with the clearest legal authority to investigate and take action.

In some cases, you may also be able to submit complaints under specific laws in another country, for example, where a company is based, operates or sells goods and services. Some countries have specific bodies dealing with such transnational business harms, especially under recent mandatory due diligence and other value chain accountability legislation.

In addition, the UN Human Rights Council has set up special bodies that can investigate human rights harms or risks connected to businesses, although they have very limited powers.

How it works:

In most cases, a person or group submits a complaint to a relevant authority or body, often in writing or through an online form.

The authority or body reviews the complaint and decides whether to look into it. If it does, it may investigate by gathering information, requesting documentation, or inspecting the company. If a violation is found, the authority or body can take action.

When should this option be considered?

  • When you want an official investigation into alleged company wrongdoing;
  • When you want authorities to act to stop or prevent harm;
  • When you are looking for a lower-cost alternative to court.

Possible outcomes:

  • Investigations by public authorities or independent bodies;
  • Mediation between you and the company;
  • Orders to stop harmful practices;
  • Orders requiring compliance with the law, which may require companies to take corrective action, provide some form of compensation, or implement preventative measures.;
  • Agreements to address harm or improve policies;
  • Fines, sanctions or penalties;
  • Referral to courts.

Limitations:

  • Authorities or bodies may not pursue your complaint, and if they do, outcomes are limited to what they have authority to do;
  • Processes can take time;
  • Outcomes are not always legally binding (e.g. UN communications, OECD National Contact Point decisions);
  • Limited resources may affect handling;
  • Safety considerations (including potential risks of retaliation).

Important to know:

  • A lawyer is usually not required, but support from NGOs, advisors or trade unions (in labour cases) is strongly recommended, including on questions of confidentiality and safety;
  • Providing clear and detailed information increases the chances of your complaint being taken up;

Carefully check any specific requirements or deadlines authorities may have.


Other remedy or complaint options, including company-based mechanisms

There are other remedy and complaint options to consider, depending on the situation. These options are often more direct and may lead to quicker responses, but they usually depend on the willingness of the company or institution to engage.

  • Company grievance mechanisms (such as complaint systems or hotlines) and stakeholder engagement:
    • Many companies, from local suppliers to multinational brands, have internal systems through which you can report harm, concerns or grievances. These may lead to an internal review, investigation, or corrective action. Companies are expected to establish these mechanisms under international standards such as the UN Guiding Principles on Business and Human Rights and the OECD guidelines for Multinational Enterprises and, increasingly, under binding (national) legislation on due diligence and value chain accountability.
    • There is a similar expectation, and increasingly binding legal requirement, on companies to consult with workers, communities and other affected people to better understand and tackle human rights and environmental risks and harms (due diligence). A complaint can be one way to push for such engagement if the company fails to engage on its own.
  • Industry or multi-stakeholder initiatives: These are organisations or platforms that bring together companies, NGOs, and other actors to address issues in a specific sector. They may offer complaint mechanisms or mediation processes.
  • Bank grievance mechanisms: If a bank or financial institution is connected (for example through financing) to a company that is involved in a harm, you may be able to raise a complaint through its accountability or grievance system.
  • Labour agreements or trade union-based processes: Workers can raise concerns through trade unions or workplace agreements. These can provide support, representation, and help negotiate solutions with the employer and/or with buyer companies and lead firms in supply chains. Labour rights agreements between global trade unions or worker representatives and one or more companies can also be legally binding.

How it works:

Depending on the option, a person or group would usually submit a complaint directly to a company, initiative or institution, following their specific procedures. Many of these actors have their own mechanisms in place to receive and handle complaints.

Once submitted, your complaint may trigger an internal review, investigation or a mediation process aimed at resolving the issue.

When should this option be considered?

Possible outcomes:

  • Engagement (dialogue, meetings, etc.) with a company or initiative;
  • Direct remedies, such as apologies, compensation, and restitution, or other agreed forms of remedy and corrective action to address the harm;
  • Agreements between you and the company on how to resolve the issue;
  • Changes in company practices or policies to prevent similar harm;
  • Public commitments by the company to improve its behaviour in the future.

Limitations:

  • Outcomes are usually not legally binding;
  • The process depends on the willingness of the company or institution to engage;
  • You may not receive compensation or a full remedy;
  • There may be limited transparency in how the complaint is handled;
  • Confidentiality and anonymity are not always guaranteed;
  • Safety considerations, including potential risks of retaliation.

Important to know: Be aware of confidentiality and safety risks; it may be helpful to seek advice from a trade union, NGO or lawyer before raising a complaint.