MID RJC 2024

Identifying the Problem

Your ability to identify the problem and the subsequent use of the disciplinary process are

dependent on your knowledge of the rules, agreements, conventions, custom and practice.

Without such knowledge you are virtually blind to all but the most obvious breaches of

the rules. With that knowledge as a background you have to set down the facts of the

situation, as they appear prior to investigation, in a logical manner.

One way to

accomplish this is to ask the following simple questions:

WHO

Who is involved in the matter? This will involve the alleged offender plus any

victims, witnesses etc.

WHERE

Where did the incident take place?

WHEN

When did it happen?

WHAT

What has been suggested to have happened?

WHY

Do we know why the action took place?

HOW

How does the incident break the rules?

(If the answer to this question is "no rules have been broken" then the disciplinary

process should not be used. It may be that some other managerial action such as

instigating training may be required.) If the answer to this question is that one or

more rules have been broken then you should embark on an investigation.

Investigation

The investigation should take place immediately following the discovery of a suspected

breach of the rules and immediately prior to convening a disciplinary interview. The

intention should be to find out all the information in order to enable the manager to decide

whether to convene a disciplinary interview.

There are several skills required if an investigation is to be carried out properly and well.

The first skill is to approach the investigation with an open and unbiased mind. It is wrong

to assume anything about the outcome of the investigation until it has reached its

conclusion.

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