Investigations

Workplace investigations
This process is used where a party is facing a situation of conflicting information and/or a lack of information and need an objective assessment.

Forensic investigations
These services are aimed to provide scientific scrutiny of evidence to assist parties to determine a way forward.

 

Workplace investigations under the auspices of Tokiso Guideline for clients

What is an investigation?  An investigation (also known as fact-finding) is a systematic collection of facts for the purposes of describing what occurred and explaining why it occurred. An investigation is usually initiated because a party or parties are facing a situation of (1) conflicting information and/or (2) a lack of information and need an objective finding on the facts.

How do I scope what is required? Tokiso has standard terms of reference template to assist in guiding the content of the investigation. It is always advisable to only commence the investigation once terms of reference have been signed by the initiating party/parties.

Can Tokiso assist in scoping the investigation? Yes. Tokiso shall do so without determining any substantive issues. Tokiso has a template for terms of reference that parties are welcome to request from Tokiso. Tokiso can also facilitate a meeting to determine terms of reference. Where the matter is complex and/or relates to a sensitive issue and/or involves several parties, Tokiso can also assist in appointing an appropriate panellist/s to conduct the investigation

Does Tokiso do forensic investigations? Tokiso partners with forensic specialists and can access independent specialist computer forensic specialists to conduct digital forensic recoveries.

Who coordinates the interviews/document collection? This may be done by an internal company person if appropriate, otherwise, Tokiso can provide coordination support services.

Why use Tokiso for investigations? Tokiso is independent in its approach to investigations, and:

  1. will never “build” a case for an employer, nor does it prepare a case for the employer. It takes an independent, objective view of the matter.
  2. encourages informality over formality – in compliance with the policies and collective agreements;
  3. encourages that, where appropriate, matters are resolved amicably or even by agreement; and
  4. our philosophy is to promote best practice and sound labour relations.
What types of investigations are conducted?
Grievance investigationDisciplinary investigationManagement/union initiated investigationCompany initiated investigation
PurposeTo make a finding on whether there is merit in the grievance, and possible recommendationsDetermine whether there is a prima facie case, or whether the employer has an obligation to pursue it.To make a finding of fact based on the issue identified in the terms of reference.To make a finding of fact based on the issue identified in the terms of reference.
Who initiatesManagement, and if the union has submitted the grievance, preferably after consulting the unionManagement (if union represents any affected employee, it is advisable to inform the union)Jointly by union and managementManagement (inform union if any members involved)
ProcessFirst determine if investigation or hearing. If an investigation, through interviews and documents.Usually interviews and documentsAs determined in the terms of reference. This may include forensic processes.As determined in the terms of reference. This may include forensic processes.
OutcomePrima facie findings of fact with recommendations.Determine whether there is a prima facie case against an employee on allegations.Terms of reference will determine the scope of outcome.Terms of reference will determine the scope of outcome.
Terms of ref required?Yes; the grievance submitted may constitute the terms of ref, read with the grievance process.Yes, read with disciplinary code & procedure.Yes, and is usually a collective agreement between management and the union.Yes

What if other issues arise outside the terms of reference? The investigator will usually note these issues, without making any findings, and may make process recommendations on those issues. This could also be done in a separate report if appropriate or covers confidential issues that do not pertain to the issues identified in the terms of reference.

Can Tokiso assist in preparing for and initiating hearings on behalf of the company/employee? No, this would conflict with Tokiso’s independence.

What will the report include? The report will include the investigation scope, methodology, submissions, analysis, findings, and where appropriate, recommendations. Recommendations may include inter alia, disciplinary and other actions, future prevention mechanisms, ways to improve relations and good practice, and how the report is to be communicated to parties.

Who does the investigation report go to? The report will be sent to the person identified in the terms of reference, or as directed by the investigator.

How can Tokiso help? Panellists and clients are welcome to contact Tokiso for advice and guidance on the process at 011 853 6300 or info@tokiso.com.