Who should carry out a workplace investigation?

If the employee or worker has the right to be accompanied, they must choose their companion from one of the following: a work colleague. a workplace trade union representative who’s certified or trained in acting as a companion.

What triggers a workplace investigation?

Various situations arising in the workplace can trigger the need for an investigation – alleged discrimination or harassment, workplace bullying or abuse, inappropriate use of the internet or social media, theft of company property, fraud, policy breaches, statutory violations, allegations of just cause and so forth.

What does a workplace investigation involve?

External workplace investigators conduct an independent, impartial investigation into formal complaints about bullying, harassment, discrimination, fraud or unethical behaviour at work, and make findings of fact.

What questions should I ask in a workplace investigation?

HR INVESTIGATION QUESTIONS TO ASK THE COMPLAINANT

  • Who committed the alleged behavior?
  • What happened?
  • When did this occur?
  • Where did this happen?
  • Did you let the accused know that you were upset by this?
  • Who else may have seen or heard this as a witness?
  • Have you reported or discussed this with anyone?

Can you go straight to disciplinary without investigation?

“It is important to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case. In some cases, this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing.

Should an employee be notified of an investigation?

The employee needs to be informed that they are facing disciplinary allegations and are being placed under investigation. They should be notified in writing, in advance of any procedural steps being carried out and should include the name of a contact to seek extra information from.

Can you be investigated at work without your knowledge?

Employers have a qualified privilege to divulge even defamatory information to persons who have a demonstrated “need to know” of the information such as individuals conducting the investigation or those who implement the company’s disciplinary policies.

What should you not do in a workplace investigation?

Compromising Confidentiality From a practical standpoint, talking too much during the investigation—telling a witness what another witness said, revealing your personal opinion to one of the employees involved, or publicizing the complaint in the workplace, for example—can lead others to doubt your objectivity.

Can I resign during an investigation?

Can I resign before or during a disciplinary process? Yes, you can. In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.

How long should a work investigation take?

This depends on how complicated the situation is, it could be anything from one day to several weeks. The person handling your investigation is responsible for giving you a reasonable timescale and notifying you of any necessary extensions, as well as noting them in the written report.