How DKL acted as a support person during a workplace investigation

Anthony Lovett

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

Our client was an employee who worked in agriculture.

Background

The client came to DKL for support when they were the subject of an investigation into alleged misconduct. They had been suspended from their role whilst the investigation was underway and they were very concerned about the impact that an unfavourable outcome could have on their employment, their family, their financial stability, and their career. To add to this stress, our client was concerned about the procedural fairness of the investigation, feeling like their employer had already made up their mind about allegations which our client wholeheartedly denied.

DKL’s advice and support

As part of DKL’s engagement, we liaised with our client’s employer to advocate on their behalf, conveying their responses to the allegations and expressing concerns about the procedural fairness being afforded to them. We also had a member of our team attend a lengthy meeting between our client and the investigator as a support person where our client presented their side of the story.

Following the investigation, despite their best efforts at the investigative meeting, our client was issued a “show cause” letter following the conclusion of the investigation, indicating that their employer planned to imminently terminate their employment. In our view, this was an outcome which was not only unfair but based in a deeply inaccurate view of the circumstances.

In the spirit of not giving up and of endlessly pursuing the right outcome for our client, DKL wrote to our client’s employer showing cause, taking a holistic approach to both the issues at hand and their impact. In doing so, we made sure to convey our client’s passion for their field, arguing why they should stay employed and emphasising our client’s concerns about the investigation itself.

Outcome

As a result of our assistance, we were delighted to be informed that our client was reinstated to their role and able to continue working in the job that they love. Whilst this was undoubtedly an incredibly stressful time for our client and their family, they were greatly appreciative of DKL walking alongside them and assisting them in finding the best outcome possible.

“Whole situation was like a nightmare for me and my family, and I don’t know why some people put others life at risk and danger with no reason, it is not fair and not just to do that. Again, I do appreciate your support, and I am hoping I never need any more lawyers in my lifetime – but if I do, I know I can contact you!

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