Investigations

EMPLOYMENT LAW COURSES

Three courses which will give the employer a good grounding in the key aspects of Employment law and practice.

DAY 3 – INVESTIGATIONS (HOW TO HANDLE INVESTIGATIONS)

This course will explain to the employer how to run any investigations which occur in the employment relationship.

Structure:

The employer will, from time to time, be faced with situations in which, as the employer, he is required to undertake an investigation. This course explains how this should be done properly and fairly. It will also highlight when outside help should be sought.

Investigations:

The course will answer the following questions:

1. When do they arise?
   • a. On foot of breaches of company polies in employees’ handbook, breaches of the law, significant accidents in the workplace.
2. What authority does the employer have to investigate?
   • a. Rights under contract
   • b. Duties under law
3. How does the employer investigate?
   • a. Elements of the investigation
     • i. The alleged breach of policy or wrong done
     • ii. The parties
   • b. How to organise an investigation
     • i. Appointing an investigator
       • 1. Duties of investigator
     • ii. Taking statements / collating evidence
     • iii. Keeping a record.
     • iv. Appointing a decision taker (if required)
       • 1. what should influence the appointment of the decision maker
   • c. What are the duties of the employer to the parties
     • i. Hear both sides
     • ii. The right to comment on the statements of the other side
     • iii. Right to comment on the final report.
   • d. How does the employer Draft a decision
     • i. Considering sanctions against the employee
   • e. How to deliver the decision
   • f. A right to appeal

Learning Outcomes

At the end of this course participants will understand when they should institute formal investigations; how they should be organised and conducted; and when to seek outside guidance.