Employment Law – Background
Employment claims like bullying and unfair dismissal continually on the rise in employment law. Consequently, employers are increasingly required to take pro-active steps to investigate suspected workplace incidents and disputes before they lead to such claims.
A workplace investigation is a formal investigative process into an alleged workplace incident or dispute and it may be necessary to undertake same even if the complainant objects to it (ie, because they only wish to make an informal complaint).
Employment Law – Key Principles
When it comes to workplace investigations, the basics involve:
- communicate the allegations in writing with as much detail as possible
- advise the employee an investigation will be conducted. In addition, provide a summary of the process and meeting times
- if the allegations are serious or there is a risk of victimisation or reprisal, the employee should be suspended with pay (although subject to consideration of industrial instrument, contractual and company policy provisions)