Frequently asked questions on workplace misconduct and discipline topics
The investigation phase is merely an information-gathering phase and as no decisions are made in this process natural justice does not apply, however the bias aspect does. So no bias must be demonstrated during any [...]
This is also known as procedural fairness, however some argue that there are differences between the two terms. The essential elements of natural justice are as follows: No bias, and The right to be heard [...]
It is certainly best practice. Without a discipline or misconduct policy employees will be unclear about expectations, process and the consequences for misconduct. If you have not been clear through the promotion of policies that [...]
If you provide the person accused of the misconduct a letter which outlines what the allegations are, when they have been alleged to have occurred, when and where the interview will be conducted, that they [...]
You are required to let that person know, with sufficient particularity what it is that they have been accused of so that they can prepare for an interview.
The first thing you should consider is why these persons names were not provided to you during the investigation.
You cannot control this, however good lawyers understand this process and can be useful in speeding the process up. If you are being challenged however on matters that are outside your expertise you may need [...]
Discipline varies depending on the circumstances of the case, the more serious the matter, the more serious the penalty. A persons employment history must also be considered, as should their personal circumstances such as health, [...]
After you have provided the person with your investigation report or memorandum and other relevant documents, they should be provided with sufficient time to respond in writing, this varies between 10, 14 and 21 days. [...]
Natural Justice requires that a person that is facing potential disciplinary action, must be provided with the same materials, whatever they are, that the decision maker is relying on to make his/her decision.