Is it necessary to disclose witness statements taken during misconduct/ bullying investigations (as opposed to post investigation if disciplinary arises)?Posted in : First Tuesday Q&A NI on 4 February 2014
The purpose of conducting an investigation is purely to inform a decision making process and it should be a fact-finding process. The investigation should help demonstrate how fair and reasonable the employer has been with regard to any decision that is subsequently taken to proceed to disciplinary action.
An investigative interview is also not a disciplinary hearing. For instance, if an employee admits guilt during an investigative interview this will not remove the need for a further disciplinary meeting, in order that the employee can have an opportunity to state his/her case and possibly bring evidence to explain any mitigating factors.
On the basis that the purpose of an investigation
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Back to Q&A's This article is correct at 02/09/2015
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