Where to Draw the Line: HR’s Role in Disciplinary Decisions

• Published date: 19 October 2015
• Law Firm: Orrick - Employment Law and Litigation
• Author: Rachel Easter,Mandy Perry,Nicola Whiteley

In the recent case of Ramphal v. Department of Transport (DoT) the tricky question of where HR should draw the line in a disciplinary matter between guiding the decision-maker on the right decision, and making that decision for them, was considered. The results weren’t great for the HR manager involved in this case…

The Facts

The Claimant (Mr. R) had expenses claims flagged as suspicious by the DoT and as a result, the matter was referred to disciplinary proceedings.

The first mistake by the DoT was to appoint one individual (Mr. G) to act as both investigator and decision-maker in this case. Mr. G had not conducted a disciplinary before and was keen to do a good job. He met with HR and discussed how it worked, and what his role was. So far so good. He then conducted his investigation, heard Mr. R’s side, and produced a first draft report setting out his findings and proposed sanction.

What then followed was a protracted back and forth between Mr. G and HR about his report. The communication lasted some six months and left Mr. R waiting to find out the result.

The first report said that there had been misconduct and Mr. G recommended a final written warning. By the time the report was finalized, it said that Mr. R had committed gross misconduct and Mr. G recommended summary dismissal, which duly followed.

The Decision

Mr. R claimed unfair...