It can seem as though the difficult part of a workplace investigation is dealt with by undergoing the investigative process, and making a decision as to how to deal with the employee. But the aftermath of an investigation, for example bringing an employee back into the workplace fold after a suspension, can be equally difficult.…
One of the most difficult aspects of a workplace investigation is the moment when the investigator or employer realises the immediate suspension of an employee is required. We examine the warning signs that a suspension might be necessary, as well as the best way to handle this complex eventuality. THE WHAT AND WHY OF SUSPENSION…
For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? In a nutshell,…
In the usual course of workplace investigations, it is often one person’s word against another’s. This is particularly the case when a serious allegation such as sexual misconduct has been made, and there are unlikely to be any witnesses to the event. When a serious allegation has been made, often the ‘accused’ then makes their…