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INVESTIGATING MISCONDUCT
ABOUT THE COURSE
A disciplinary investigation is where your organisation needs to look further into the conduct of an employee, or to ascertain the facts surrounding an incident or allegation, prior to taking disciplinary action. The aim of the investigation is to establish whether there the employee has a case to answer.
There are levels to investigations; it could traverse from a few basic preliminary questions through to full forensic investigations. It can also assist the employer in deciding its next steps, and provide valuable evidence, both against the employee and in mitigation, for a disciplinary hearing.
Generally, an investigation would be used where there is a questionmark over the facts surrounding a workplace allegation against an employee of some form of misconduct or inappropriate or unlawful behaviour.
Even where an employee has already admitted that they have done something wrong, in many cases it will still be necessary to conduct an investigation in order fully to understand the circumstances and ensure that everyone involved is treated fairly.
COURSE OUTLINE
- Define the purpose of investigations
- Distinguish between types and levels of investigations
- Describe the investigator’s legal powers
- Explain the employee’s rights
- Discuss the types of evidence
- Determine the weight and credibility of evidence
- Assess the credibility of a witness
- Demonstrate how to process a scene
- Develop interview strategy
- Analyse the evidence
- Construct logical arguments
- Compile a report
WHO SHOUD ATTEND?
Every employee who oversees staff and/or institutes disciplinary processes should understand the investigation process. The knowledge of what information is required to make an informed decision is vital and the ability to gather that information is central to the entire process.
Proper investigations can reduce unnecessary disciplinary processes and the associated drawbacks. By the same token a solid investigation file could be integral to the actual disciplinary process when it is able to provide the critical evidence in a matter.
- Persons responsible for managing their people resources
- Persons initiating disciplinary processes
- HR Managers
- Heads of Department
- Supervisors
