GRIEVANCES, DISCIPLINARY AND CASE TO ANSWER
The law expects that employers will take employment decisions fairly and reasonably when conducting workplace investigations.
An investigation is a process of gathering all the necessary and relevant information. Then, the employer can make an informed decision on how to deal with the situation. In disciplinary and grievance matters, establishing the facts of is fundamental to dealing fairly with everyone involved.
In most cases, an employer can and should deal with an investigation internally. Occasionally however, the employer may benefit from some external support from an independent investigator.
WHY APPOINT AN INDEPENDENT INVESTIGATOR?
There are several reasons why an employer might decide to appoint an independent investigator to carry out workplace investigations. These include:
- The people who would usually conduct or support an investigation are somehow involved in the matter to be investigated;
- The situation is unusually complex. This can mean that the skills needed to conduct the investigation are not available in-house.
- The organisation does not have a person it can dedicate to an investigation due to pressures of work;
- The matter is internally sensitive and an independent person is needed for everyone to have faith in the outcome.