Conducting disciplinary investigations

On this page:
Summary
Case study
Overview
The importance of disciplinary investigations
What a disciplinary investigation might involve
Suspension from work during an investigation
Interviewing witnesses
Witness statements
Interviewing the employee accused of misconduct
Decision to commence disciplinary proceedings
Confidentiality

Summary

• A fair investigation to gather all the relevant facts provides the backbone of a fair misconduct dismissal. (See The importance of disciplinary investigations and What a disciplinary investigation might involve)
• Suspending an employee from work for a short period to allow an investigation to take place may be appropriate in some circumstances. (See Suspension from work during an investigation)
• Where an employee has, or may have, relevant information about an act of misconduct committed by a colleague, he or she should be interviewed. If possible, a witness statement should be obtained. (See Interviewing witnesses and Witness statements)
• As part of the investigation process, it may be necessary for the employer to interview the employee who is accused of misconduct. However, it is important that the investigatory interview does not turn into a disciplinary hearing. (See Interviewing the employee accused of misconduct)
• If the investigation leads to disciplinary action, the accused employee should be informed of all the evidence against him or her so as to be able to prepare a defence. (See Decision to commence disciplinary proceedings)

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Overview

This section of the XpertHR good practice manual discusses how a disciplinary investigation should be conducted, including suspension from work, witness statements and the features of an investigatory interview.

Dispute resolution > Handling discipline provides further information on managing and handling all aspects of discipline.