Disciplinary investigations are the required first step in any disciplinary process. Conducting a disciplinary hearing without having carried out an investigation beforehand is likely to render the disciplinary process, and any subsequent dismissal, unfair.
An investigation meeting is not the same as a disciplinary meeting and the role of the investigator is to establish the facts. This means that no disciplinary action should be taken following the investigation meeting itself. However, an employee may be suspended under investigation and employees should be alert to the fact that the employer may be in breach of contract if there is no express right to suspend in the employment contract.
Our lawyers understand the emotional stress of being subject to a disciplinary investigation and are experienced in guiding senior executives through the process. We advise on the legal rights and obligations when subject to an investigation and offer legal support through what is likely to be a very difficult time. We will advise on the possible options available and, when appropriate, enter into negotiations with the employing entity to reach the best possible outcome for the senior executive.