Description of the legal term Complaint:
The term complaint has several uses, but is most commonly understood as a formal statement by a person or entity (the complainant) that something is wrong or unsatisfactory, particularly in a legal or regulatory context. Complaints may initiate legal proceedings or be used in regulatory and administrative processes.
Criminal and civil law: In legal proceedings, a complaint is often the first document filed by a complainant (plaintiff in civil cases) to initiate a lawsuit. In criminal law, a complaint may refer to the formal accusation or charge against a person. In civil law, it typically outlines the complainant’s grievances and the legal basis for the claim.
Regulatory or professional context: Complaints are also made to regulatory or professional bodies, alleging misconduct or unsatisfactory performance by a member of a profession or organisation.
Legal context in which the term Complaint may be used:
Consumer complaint against a business
A consumer, Mrs Smith, buys a product that turns out to be defective. She complains to the company, asking for a refund or a replacement. If she is not satisfied with the company’s response, she may take her complaint to a consumer protection body or, depending on the circumstances, take legal action for breach of contract or misrepresentation.
Complaint in civil litigation
In a civil dispute, an individual, Mr Johnson, believes he has been unfairly dismissed from his job. He files a lawsuit in a civil court against his former employer. The lawsuit outlines the facts of the case, alleges that the dismissal was wrongful, and sets out what Mr Johnson seeks in terms of compensation or other remedies. This claim starts the legal process and the tribunal will serve the claim on the employer, who must then respond.
The complaint is the mechanism by which grievances are formally articulated and addressed, either through legal proceedings, administrative action or regulatory oversight. It serves as a crucial first step in seeking redress or enforcement of rights.
