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What are the legal requirements for conducting internal investigations into employee misconduct?

All workers are protected by labor laws, so conducting an internal investigation into an employee misconduct requires adherence to legal principles to ensure fairness, confidentiality and legal compliance:

  • Adhering to labor laws, collective bargaining agreements, and company policies is essential to maintaining fair and lawful workplace practices; This includes ensuring employees are properly informed of any allegations against them and are given a fair opportunity to respond. It is crucial for an organization to develop and implement a methodical process of investigation to prevent unjust disciplinary actions, and wrongful termination.
  • Fair procedure to investigate: Impartiality is a must in this process, the investigator should be neutral and free from ‘conflicts of interests’, also should be ‘record-keeping’ by maintaining detailed evidence and findings, while avoiding methods of investigation that violate privacy rights. Ensuring adherence to timelines is crucial to avoid claims of unjustified delays or prejudice.
  • Guarantee consistent disciplinary measures to avoid discrimination and seek legal advice to reduce risks of wrongful termination or defamation.

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