LRD guides and handbook December 2023

Unfair dismissal law – An LRD guide for union reps

Chapter 3

Investigation

[page 41]

The Burchell case (see above) requires the employer to carry out “as much investigation into the matter as [is] reasonable in all the circumstances of the case” to establish the facts of what happened.

The purpose of the investigation is to establish facts. It may or may not include a meeting with the employee because it will depend on what facts need to be established, but any investigation meeting with the worker should not result in any disciplinary action.