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Do you have a workplace grievance or complaint that needs to be investigated?  

I’m Chris Campbell from Aitken Legal.  We are regularly called upon to independently investigate allegations of serious misconduct in our clients’ workplaces.  Today, I want to discuss when you should be using an independent investigator, and then some important tips for employers who choose to investigate themselves:  

Firstly, should you consider getting an independent investigator?  Generally, if the conduct relates to the conduct of senior managers or human resources personnel within an organisation, then an independent investigation should be seriously considered, to ensure that the investigation is not impeded by allegations of bias.  Likewise, if the alleged conduct is of a sensitive nature such as workplace bullying or sexual harassment, where the witnesses may be reluctant to say things in front of an internal investigator, then again, an independent investigation would be appropriate.  

If you are going to investigate a workplace complaint internally, then you must make sure you comply with your workplace policies and procedures.  If you have a Grievance and Dispute Resolution Procedure or similar policy, it is essential that you follow it.  Failure to follow an in-house policy or procedure that relates to the complaint will result in criticism in an Unfair Dismissal Claim and may result in you failing to successfully defend that claim.  

It is also essential to ensure that the complainant provides as much detail as possible in relation to the complaint.  For example, it is always important to ensure that the complainant provides specific particulars about what the conduct was, when it occurred (including times and dates) and who witnessed the conduct.  Particulars should be in as much detail as possible for each example of the alleged conduct.  Once you have received a comprehensive written complaint from the complainant, then it should be provided to the person who is being complained about for them to consider and respond to.  It is essential that the person whom the complaint is about receives full particulars of the complaint so that they can properly consider the allegations and respond to them.

I cannot emphasise this enough – if you are investigating serious misconduct, then legal advice regarding process and whether you have grounds to terminate the employee’s employment is essential.  There have been numerous cases recently where it has been found that, whilst the employer had a valid reason for the dismissal, the process followed in the investigation was not comprehensive enough and therefore unfair, resulting in them failing to defend the unfair dismissal claim.  

If you have a workplace complaint and are unsure what to do, contact one of our experienced employment lawyers who will be happy to assist you.

#workplacegrievances #employmentlaw #employmentlawyer #humanresource

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