Bringing an Employee Back from Suspension

It can seem as though the difficult part of a workplace investigation is dealt with by undergoing the investigative process, and making a decision as to how to deal with the employee. But the aftermath of an investigation, for example bringing an employee back into the workplace fold after a suspension, can be equally difficult. […]

When to Suspend an Employee During an Investigation

One of the most difficult aspects of a workplace investigation is the moment when the investigator or employer realises the immediate suspension of an employee is required. We examine the warning signs that a suspension might be necessary, as well as the best way to handle this complex eventuality. The what and why of suspension […]

Briginshaw Applied: Weighing Up The Evidence

For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? […]

Why Counter Allegations Must Be Investigated

In the usual course of workplace investigations, it is often one person’s word against another’s. This is particularly the case when a serious allegation such as sexual misconduct has been made, and there are unlikely to be any witnesses to the event. When a serious allegation has been made, often the ‘accused’ then makes their […]