Labour Law

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Investigation of Misconduct

Question: I got an email from HR Dept that threatens disciplinary action against me if I do not take part in an “investigation” on our department.No explanation was given on who is being investigated and for what misconduct.The 3rd request was put in wrting and its contents stated miscommunicated issues which our manager cleared to the MD through a written report.Our managertook part in”invest.”We feel victimised and harrassed by the way HR is conducting the matter, have sent email to MD before.what are our rights?


Answer: The company has the right to request that you answer any queries they may have with regards to an ongoing investigation that may or may not involve you. They cannot force you to testify or to participate however, bear in mind that your refusal will be regarded as an admission of guilt and/or that you are involved somehow. I suggest you honestly answer any questions that they may have. This may normally take the form of a disciplinary enquiry in which you are probably being asked to give evidence in. If you have nothing to fear why worry.

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