If not properly undertaken, workplace investigations could turn into an expensive mistake for an employer. Therefore, it is of utmost importance that any workplace investigation be carried out properly and in accordance with the rules of natural justice and fair procedure.
A poorly executed workplace investigation could result in an employee claiming that he or she was not afforded a fair process, and challenges could result in claims before the Workplace Relations Commission, on appeal to the Labour Court or even applications before the civil courts for an injunction.
There is also a growing wealth of case law in this area which has resulted in a number of challenges for both employers and employees alike such as:
At Hatstone, we have extensive experience in conducting and advising on a workplace investigation.