An employer owes many obligations to an
employee. An employer must treat an employee fairly and reasonably, and must maintain a
relationship of trust and confidence.
These obligations continue throughout
the employment relationship, including during a disciplinary investigation. The
employer should, where possible, ensure the investigation is kept confidential,
provide the employee with information about any allegations, and give the
employee an opportunity to comment on the allegations and what course of action
is to be taken.
But what obligations do employers owe
complainants during a disciplinary investigation?
An employer’s obligations towards a
complainant can often become blurred when they conflict with the obligations they
owe to an employee under investigation, such as their right to privacy.
Generally,
employers are not required to disclose information about an investigation or
what disciplinary action is being taken, if any. However, at a minimum, an employer should
inform a complainant that they are fully investigating the matter, and that appropriate
action will be taken. At the end of the investigation, employers should inform the
complainant about the general outcome of an investigation, for example whether
the allegation has been upheld, in full or in part.
These
obligations to complainants are especially important where the complainant has
a vested interest in the result. Where a complaint relates to allegations of
sexual harassment, bullying, or racial discrimination, an employer has
heightened obligations towards a complainant. The employer must keep the complainant
fully informed about the investigation process and must advise them about the
outcome of the investigation and what action has been taken.
It
is important to remember the obligations you owe to employees, especially
during an investigation process as any breach may result in an employee raising
a personal grievance.
Mikayla
Turner
Employment Lawyer
Wellington
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