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How do I conduct an inquiry into an act of misconduct?

While there is no prescribed procedure for conducting an inquiry into an act of misconduct, as a general guideline, you can take note of the following:

  • The employee should be told of their misconduct.
  • The person hearing the inquiry should not be in a position which may suggest bias.
  • The employee being investigated for misconduct should have the opportunity to present their case.

Under the Employment Act, the employer may suspend the employee from work during an inquiry, for a period not exceeding one week. The employee should be paid not less than half their salary for the suspended period. If the inquiry does not disclose any misconduct on the part of the employee, the employer must restore to the employee the full amount of salary that was withheld.