The Investigation

The initiator will identify witnesses, conduct interviews with them and collect statements and/or documentary evidence.

The initiator may conduct an interview with the alleged offender which may refuse to comment or answer any questions. Admissions by the alleged offender will only be valid if he/she does so freely, voluntarily and without undue influence, and provided that a shop steward or representative of the employee is present.

• During the investigation process, the employee may be assisted by a fellow employee or shop steward.
• In reality the investigator could also be the initiator or complainant or could only be assigned to conduct a full-scale investigation, determined by the circumstances.

The following are a non-exhaustive list of the functions of the investigator:

• Identify possible witnesses, conduct interviews, secure sworn statements before a commission of oaths.
• Systematically secure, obtain and arrange all documentary evidence in sequence.
• Identify possible charges according to present elements.
• Determine which witnesses and evidence will be needed to prove the alleged misconduct and list accordingly.
• Anticipate the accused’s defence and discuss with the witness and evaluate the response.
• Conduct uninterrupted interviews with witnesses in privacy.
• Ensure factual accuracy regarding circumstances and events.
• Follow up all possible information and conduct a thorough investigation. Obtain documents and copies from relevant parties.
• Compile and collect all relevant evidence in a systematic way to prepare properly for the hearing.
• Finalise report and recommendations regarding the incident and forward to the relevant parties.
• Prepare a draft charge in accordance with the disciplinary code or other appropriate terms.
• Ensure compliance with ethical codes and internal codes and procedures regarding the obtaining of information and secure authorization where required.