How DKL supported an employee through a workplace investigation …

The following should not be considered legal advice and is for general use only.

*This matter has not been closed and is still ongoing – final outcome is still pending, this is just currently where the matter is sitting at*

Background

In mid-2023, we received a request for assistance from a client working in the occupational health and safety industry. Despite her long tenure with the company, she found herself at the centre of a workplace investigation initiated by her employer. The investigation was initiated against our client based on accusations of bullying and misconduct, and presented over half a dozen allegations against our client.

As our engagement progressed, it became evident that this was a textbook example of a workplace situation whereby the individual being accused of wrongdoing was, in fact, the target of workplace bullying by others. Our client shared that she faced difficulties in her relationships with specific individuals in the company, which was significantly affecting her psychological well-being. She also highlighted her interactions with a senior employee, who made it extremely challenging for her to remain in the workplace – a result of them being consistently unavailable, having poor communication skills, and generally being very difficult to work with.

DKL’s advice and support

To support our client with the investigation process, we prepared a comprehensive set of investigation materials that would be provided to the investigator ahead of the investigation meeting, and also accompanied her to the investigation meeting as her support person. These investigation materials included a chronology, detailed responses to the allegations, as well as evidence that we compiled with our client’s assistance. This holistic and proactive approach in responding to the allegations, allowed her to navigate the investigation with confidence.

Outcome

Upon conclusion of the investigation, our client was informed that none of the allegations against her had been substantiated, and no disciplinary action would be taken against her. Additionally, the investigator even included acknowledgements in their report that there had been a shortcoming by management in failing to resolve a manageable problem and instead allowing it to progress to a formal workplace investigation.

We were able to successfully support our client who had been wrongly accused during a workplace investigation. Our assistance not only preserved her employment relationship but also boosted her confidence in herself and her role within the company.

The above should not be considered legal advice and is for general use only.