Fairness In Preparation

Although an accused employee is entitled to sufficient particulars on the notification to enable him to prepare, this does not mean that he is entitled to know the precise details of the case and what each witness will say. Where access to the company file is requested, this is to request the employee or their representative to specify precisely what details they require and to put this in the form of a request for further particulars which may then be addressed. Certain questions will have to be answered, while it may not be necessary to provide answers to others, for two possible reasons:

• Firstly, the requested information may be irrelevant; or
• Secondly, the information may concern an issue which is a matter of evidence.

The initiator should make evidence available to the accused that is needed for defence. This information could be general information that is normally available to all concerned that were applicable with which the accused worked and company policies that are normally available to all employees. Not all the information that might be used in the case needs to be revealed.

Immediately on conclusion of the investigation, the supervisor or designated person/initiator should finalise and formulate the complaint in writing.

However, the misconduct must be identified and formulated in line with the code of conduct or disciplinary procedures of the company. The initiator/investigator must consider the misconduct as discussed.