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.