Witness in gross misconduct case

joeypesci

So a employee is in a disciplinary process for gross misconduct for abuse and bullying. In a court of law a witness can decide to give evidence behind a screen or via video feed if they do not want to be confronted by their abuser.

However, where I'm at, the company has told the victim and two witness' that the accused has requested them as witness' and that they can be called in and questioned at any time in his next meeting. Surely if, in a court of law a witness/victim is allowed protection from further control by the abuser, a person within a company is allowed the same protection?

I see on face2facehr that a witness can prepare a witness statement and the employee can put questions in writing instead. Why hasn't HR offered this? The victim is now in panic mode, wondering what those questions will be, wondering if they'll have to see the abuser again (no doubt its the abusers final attempt at control).

Can you just inform HR you're very concern about being questions in person by said abuser and would rather do it via written form or video link?

elsien

It’s a disciplinary hearing  not a court of law. And even in court witnesses can’t  simply decide they want to be behind a screen. 

I would imagine the chances of your average HR department having anything resembling a video link as being extremely remote. 

If they are working for the same company surely there’s  a chance they’re going to cross paths sometime anyway? 

They’ve provided witness statements. Any questions will be about what they have put in those statements, so shouldn’t  come as any great surprise. 

Emmia

Does your organisation have MS Teams or similar that it uses for meeting purposes? If so I'd definitely ask if they can attend the meeting remotely. HR might say "no" but if you don't ask....

Edit: HR might insist the camera remains on though, there would be no option to switch the camera off 

The ones I've been involved in (as an investigator)  usually involve the person being investigated plus a union rep, the person doing the investigation and sometimes a note taker.

I had a witness accompanied once by a colleague in a similar face to face meeting on a difficult topic. The colleague said nothing, but was there for moral support. I think they took the witness for coffee afterwards, to let them decompress.

LightFlare

It’s also a basic premise of law that a person is entitled to see (face) their accuser.
Unless there is a real and potential threat to the witness and/or their family then anonymity isn’t usually granted

Why would the witness be panicking about what questions would be asked ?

It’s not going to be like the TV where clever lawyers manage to trap witnesses and flip the narrative.

Stick to the facts and truth

TELLIT01

The complainant could presumably ask to be seated in such a way that they don't have to look at the other party.  The other person must know who has made the complaint against them.

EnPointe

Emmia said:

Does your organisation have MS Teams or similar that it uses for meeting purposes? If so I'd definitely ask if they can attend the meeting remotely. HR might say "no" but if you don't ask....

Edit: HR might insist the camera remains on though, there would be no option to switch the camera off 

The ones I've been involved in (as an investigator)  usually involve the person being investigated plus a union rep, the person doing the investigation and sometimes a note taker.

I had a witness accompanied once by a colleague in a similar face to face meeting on a difficult topic. The colleague said nothing, but was there for moral support. I think they took the witness for coffee afterwards, to let them decompress.

exactly   

it might be  tthat the   hearign is  held in an adversail manner with the management case being presented  to a more senior manager  vs the  investigating manager running an inquisitorial  meeting 

it would be a very odd  organisation that didn;t allow the  witness to be supported by a colleague or  TU rep