How do you deal with HR investigation?

How do you deal with HR investigation?

What to Do When You Are Being Investigated at Work

1. Keep your appointment with the investigating committee. Your manager, HR, and any other neutral party could be involved.
2. Listen.
3. Consult a lawyer.
4. Share your side of the story and offer proofs.
5. Do not retaliate.
6. Ask to understand your options.

What is offensive conduct in the workplace?

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

What to do when one of your employees is accused of?

The employer should make further efforts to avoid additional potential incidents of harassment. The employer should instruct the complaining employee to bring to the attention of the designated complaint recipient any future recurrences of harassment by the alleged harasser or any other employee of, or other persons involved with, the employer.

When does conduct cause serious damage to an employer?

‘The conduct must be such that, viewed objectively, it is likely to cause serious damage to the relationship between the employee and employer; or The conduct is incompatible with the employee’s duty as an employee.’ [26]

Can a employer dismiss an employee for misconduct outside the workplace?

1. Fair to dismiss an employee for bringing his employer into disrepute. This is a leading case on misconduct outside the workplace. The Court of Appeal held that it was relevant to consider whether or not the employee’s conduct outside the workplace had brought the employer into disrepute.

When do you suspect an employee of misconduct?

When you suspect an employee of misconduct, use this 12-step guide to ensure your investigation is timely, well-documented and consistent with protocol. In March 2019, a former employee was awarded $1.7 million in a wrongful dismissal lawsuit.

What does it mean to be accused of workplace misconduct?

Workplace misconduct relates to unacceptable actions and behaviours that justify the employer in taking punitive action against the perpetrating employee.

The employer should make further efforts to avoid additional potential incidents of harassment. The employer should instruct the complaining employee to bring to the attention of the designated complaint recipient any future recurrences of harassment by the alleged harasser or any other employee of, or other persons involved with, the employer.

What happens when an employer conducts an investigation?

One question before the court was whether the investigation was properly conducted. Ultimately, the court ruled that the investigation (which found evidence of the employee’s wrongdoing) was properly conducted, and that therefore the employer had not treated the fired employee unfairly.

What do employers look for in employee misconduct?

Employers Regularly Receive Complaints of Workplace Misconduct by Employees, Including: •Discrimination. •Harassment (sexual and otherwise). •Health and safety violations. •Workplace violence or threats. •Workplace drug and alcohol use. •Violations of employer rules. •Theft or fraud. •Other criminal activity.