Before your investigation takes place there are always five things that your Employee should have:
- They should know exactly what the offensive behaviour was,
- They should know exactly what they are being accused of (the rules or code of conduct they may have broken),
- They should have all of the evidence that relates to the accusation (including a time line of events),
- They should have been told that they have a legal right to representation,
- They should know exactly what the worst case penalty could be,
The best way to prove that you have done this is by giving your Employee an "Invitation to Disciplinary Investigation Letter"
that sets out all of the above.
The invitation letter to the employee advises them of the specific allegation/s, provided them with copies of all the evidence you are relying on, advised them of their right to representation, advises them of the worst case possible outcome.
This document sets the foundation for your entire process and will be part of your 'audit trail' or evidence if you get challenged by your employee.