By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawvideos.co.za
Far too often employers make the cardinal error of implementing discipline hastily without proper investigation. Investigation is an exercise designed to test allegations or suspicions, to find out what really happened and to establish whether there are grounds for disciplinary action. If the investigation produces proof of guilt the evidence gathered will be used to prepare and present the case against the employee at a disciplinary hearing.
There is no specified time period for completion of an investigation. However, the investigation must commence without undue delay and must only be halted when every stone has been turned over. Therefore, the length of the investigation depends on the nature of the case, the amount of evidence and the availability of witnesses and other evidence. Typically, a good investigator will find that the more evidence he/she uncovers, the more leads there are. It is only when this process of following all lines of inquiry has been exhausted that the investigation can be halted.
Concluding an investigation that optimises the chances of a successful disciplinary hearing requires a great deal of skill. Investigators need to know how to:
- Identify relevant witnesses, documents and other evidence
- Engage with witnesses to elicit the true and complete facts
- Recognise a new lead when it arises
- Keep within the laws limiting the rights of an investigator
- Put all the facts gathered into a clear and comprehensive report
- Question suspects without letting on that they are suspects.
Above all, the expert investigator is one who knows that a suspect is not automatically guilty merely because he is being investigated. Many properly conducted investigations reveal that there are no grounds for discipline. This saves the employer a great deal of time and money as well as the embarrassment and employee relations fallout that can result from charging an innocent employee.
In the matter between Minister of Police Vs Pietersen (Lex Info 5 March 2026. Labour Court case no. J1081/23) Pietersen, a police officer was dismissed for handing confiscated cattle to the wrong person and attempting to sell a cow that did not belong to him.
As the arbitrator had found in favour of Pietersen SAPS took the matter on review. The Labour Court noted that the cow in question had been bought not by Pietersen but by his co-accused, Mashego. Pietersen’s involvement ended when their superior ordered that Mashego must open a docket and investigate the matter. Pietersen’s subsequent actions related solely to helping to manage the sale of a different cow owned by his daughter. Therefore, the evidence presented by SAPS had provided no basis that he had committed any misconduct.
SAPS is an agency which by its nature, is expected to have optimal expertise in investigating misconduct. Despite this it appears to have failed to conduct an effective investigation into Pietersen’s actions. This resulted in SAPS having to reinstate him with 52 months backpay. Even if Pietersen only earned R30 000 per month this backpay would have amounted to R1 560 000.
This costly outcome shows that no effort must be spared in ensuring that the employer’s investigators are properly trained in investigation skills and are regularly exposed to refresher courses in this skill.
The innovative video series WALKING THE LABOUR LAW TIGHTROPE assists employers to provide their managers with very inexpensive training that allows the managers to achieve crucial labour relations knowhow at times suitable to their very busy schedules. Its 48 chapters, averaging 10 minutes in length each, can easily be watched at junctures when the manager has time. This greatly informative yet very engaging and practical video series provides crucial and user-friendly learning through the use of a stimulating, animated case study that runs throughout the 48-chapter series. Each chapter contains clear and important advice needed by workplace management on the basics of labour law over a very wide range of topics.
A further advantage is that the manager can, for a full year, easily go back to any of the 48 videos for purposes of refresher training or in order to access information on how to deal with a current workplace issue. This solves the problem of managers forgetting what they have learned.
This video series helps management to walk the shaky labour law tightrope and to run the workplace productively without falling into the labour law abyss.
To access our groundbreaking video series: WALKING THE NEW LABOUR LAW TIGHTROPE please go to www.labourlawvideos.co.za or contact Ivan on ivan@labourlawadvice.co.za
