A reasonable time period for a workplace investigation into an employee

There is no specific time limit for a workplace investigation into an employee. However, it is generally recommended that investigations be completed as quickly as possible, while still ensuring that the process is fair and thorough.

The time period for an investigation usually vary depending on the complexity of the case, the number of witnesses and evidence involved, and many other factors. In some cases, investigations may be completed within a few days, while in others, it may take several weeks or even months to complete the investigation.

However, it is important that the investigation is conducted in a timely manner, as delays can have negative consequences for both the employer and the employee. For example, a delay in the investigation could result in the employee remaining suspended or on leave for an extended period, which can be stressful and harm the reputation of the employee.

Furthermore, it is important that the employer keeps the employee informed of the progress of the investigation and the expected timeline for completion. This can help to alleviate anxiety and uncertainty and can also demonstrate the employer’s commitment to a fair and transparent process.

In the case of Goliath v Minister of Safety and Security (2009), the Labour Court held that an employer has a duty to investigate allegations of misconduct as soon as possible, and to conclude the investigation within a reasonable time. The Court noted that delays in the investigation can have a detrimental impact on the employee’s right to dignity and fair labour practices and can also cause undue stress and anxiety.

In the case of Malope v South African Broadcasting Corporation (2016), the Labour Court held that an investigation should be completed within a reasonable time, and that what constitutes a reasonable time will depend on the complexity of the case, the nature of the allegations, and other factors. In this case, the Court found that a delay of more than two years in concluding the investigation was unreasonable and constituted a violation of the employee’s rights.

It is advisable to 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.