A recent decision at Fair Work has reinforced the need to ensure your process to investigate an incident are well organised and properly adhered at all times, after an employee was found to have been unfairly dismissed due to a flawed process.
What was initially disturbing was the lack of questioning of witnesses in a reasonable fashion and manner which would have opened up more possibilities as to what actually happened .
Importantly- the investigation report was not provided to the driver before the meeting that led to his termination and he was not told the meeting could result in his termination of employment.
So it meant the employee could not have prepared as well as he could have to defend the allegations – hence it also meant the Employer did not have all the information to review before it made what was ultimately a flawed decision based on a flawed investigation.
With HR Central , we ensure each and every step is carried out and decisions are not predetermined or rushed into because we have had the experience of seeing when investigations are flawed – it is the Employer who faces the consequences.