Since most workplace investigations involve something contested, most investigation reports will disappoint one party or the other. Indeed, since very few workplace disputes are exclusively the responsibility of one party alone, it is entirely possible if you put your mind to it that at one level or another your report will be a disappointment to everyone involved. [That is no bad thing. A report which sides wholly with one party or the other is far less credible than the one which finds a degree of culpability (not necessarily serious or disciplinary-actionable) all round].
We have considered in this series the various precautions which can be taken as you go along to minimise the scope for effective challenge to your report. However, you cannot ultimately control whether what the employer then does with it will lead to litigation. Given that the legal integrity of your report will be key to the reasonableness of the employer’s reliance on it, there is a high likelihood that if the wider issue goes to the ET, you will be going along for the ride as well.
Unless the complainant can hole your investigation below the waterline, his chances of making much headway are limited, so if you are there at all, expect some fairly aggressive questioning. By the date of the hearing it may be months, maybe a year, since you last saw it so be sure to prepare — go over and over it until you are ready to justify again why you said what you said, doing your best to exclude reliance on any...
BEIJING – The China Coast Guard (CCG) on Thursday warned the Philippine side to immediately stop its infringements, provocations and false claims after a Philippine Coast Guard vessel transported ...