Notice to Employees of Workplace Investigations

An employer is not legally required to give notice to an employee that they are being investigated for misconduct. However, it is generally considered good practice for an employer to inform the employee of the investigation, and the reasons for it, as soon as possible.

There are several reasons why an employer should consider giving notice to an employee that they are being investigated for misconduct:

• To ensure procedural fairness: Employees have the right to procedural fairness when they are facing allegations of misconduct. This includes the right to be informed of the allegations against them, and to be given an opportunity to respond. By informing the employee of the investigation, the employer is taking steps to ensure that the employee’s right to procedural fairness is respected.
• To promote transparency: By informing the employee of the investigation, the employer is promoting transparency and openness in the workplace. This can help to build trust and confidence between the employer and the employee, and can also help to prevent misunderstandings and rumors from circulating. Often, employees are not aware of their wrong doings and other times it might not be intentional.
• To protect the company and employee’s reputation: If an employee is unaware of an investigation into their conduct, they may continue to behave in a way that could damage their reputation or the reputation of the company. By informing the employee of the investigation, the employer is giving the employee an opportunity to take steps to correct their behaviour and also to protect their reputation.

Consult the labour law specialists in Johannesburg and Cape Town of Julies Attorneys Inc. for legal advice on the specific circumstances of your workplace matter.