TDR’s MUC dispute resolution process is designed to be as simple as possible.
The diagram below shows how the complaints process works for an owner/occupier in a multi-unit complex.
A local fibre company may also bring a complaint against an owner or occupier in a multi-unit complex.
How the complaint process works
Disputes start when an owner or occupier in a multi-unit complex (MUC) and the local fibre company deploying fibre cable to that complex have a problem.
Initially the MUC owner/occupier, or local fibre company, is likely to have made their complaint directly to the other party and tried to resolve the dispute in good faith. If they are not happy with the outcome TDR may be able to help.
The dispute resolution process:
The dispute needs to be an issue TDR can consider. You can see a range of issues that TDR can and can’t consider here, under Types of disputes covered. Full details of the types of disputes covered, and exclusions, can be found in the MUC Dispute Resolution Code Sections 7 and 8.
TDR will determine whether they can consider the complaint within 5 working days of receiving the initial contact.
Once TDR confirms that the complaint is something that can be considered under the Scheme, the complainant will have 5 working days to submit a full written complaint which must include:
- full details of all of the events that led to the complaint, including any steps taken to seek a resolution;
- the outcome that is being sought; and
- a copy of all of the documentation which supports the complaint.
This information can be supplied via a simple complaint form which can be submitted on line.
Once the complaint is forwarded, the other party will have 20 working days to respond to each of the issues raised, detail any proposed resolution, and provide supporting documentation. This response will be forwarded to the other party.
Both parties will then have 4 working days to communicate with each other directly, or through TDR, to try to resolve the complaint.
If the complaint is not resolved, TDR will then determine whether the complaint is within jurisdiction. If so, within 5 working days TDR will provide each party with a summary of the dispute. TDR will then have up to 20 working days to attempt to facilitate a mutually satisfactory, negotiated settlement through telephone negotiations or a teleconference, before issuing a Final Determination.
The local fibre companies are bound by TDR’s decisions so, if the multi-unit complex owner/occupier agrees to the final decision, the local fibre company must carry out any instructions that are in the decision, including compensation.
If the owner/occupier doesn’t agree with the decision the dispute is closed, however the complainant can still take the dispute through other channels such as the Courts or the Disputes Tribunal.