Q. One of our managers was recently accused of sexual harassment by a new employee in another department. Our house rules clearly prohibit such behaviour. After an exhaustive inquiry, I was left with two conflicting stories, neither of which I fully believed. In the circumstances I informed both parties that
no disciplinary action would be taken and the matter would be regarded as settled.
The manager has now approached me to confirm there is no record of the incident on his personnel file. I kept a full record of the incident and the inquiry, but do not want to antagonise him. What do I do?
A. Philip Kotze, CEO of Advicewise, replies:
There is a popular misconception that if a disciplinary charge against an employee is dismissed, the entire incident must be removed from the personnel file. This is not so. The incident cannot be wiped from history and it would be reckless, I think, for an employer to do so.
Consider what would happen if you unwittingly employed an incorrigible womaniser. A master of seduction, he leaves a string of complaints (and some broken hearts) in your company, but nary a word about it is to be found in his personnel file. In time, of course, you recognise him for what he is. Then one of your employees complains to the Human Rights Commissioner that you are not protecting them against Casanova, and you wonder how it all went so horribly wrong.
Of course, it all started to go wrong when Casanova coerced you into removing the first incident from his file. So when the second incident occurred, you were prevented from asking him to comment on the fact that he has been charged with breaching your sexual harassment rules before, because you had destroyed the record ...
Each complaint must be investigated fully. It is only after a thorough investigation that you will look for other information.
Perhaps you are undecided, and on being reminded that Casanova has had unsuccessful complaints against him before, you realise the risk he poses to the company and decide to discipline or dismiss him.
* Email Philip Kotze or Ph 09 9179524
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