Employment law - sub judice?
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Employment law - sub judice?
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Can an employer carry out a disciplinary investigation whilst a matter Of judicial proceedings, not yet decided by a court of law or judge.
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Mike C
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In the UK, very definitely yes.
The disciplinary investigation is totally separate from the `other` matter. Usually it involves an employer looking at an employment matter whilst a criminal case is ongoing.
As long as the employer fairly investigates they can take a decision before the criminal matter even gets to Court.
Not only that, they could take action to dismiss for eg misappropriation, and then the individual goes to Court and gets found not guilty.
As long as they have fairly investigated and gone through the disciplinary procedure and reached a reasonable decision based on the evidence before them it will be regarded as fair. |
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garykung
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It may illegal and criminal act.
It may be considered as obstruction of justice because such investigation may intervene the whole legal process. |
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