Common use of Investigative procedure Clause in Contracts

Investigative procedure. (a) Principles and the investigator (i) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding Conduct or Performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness and natural justice. (ii) The investigator must act in good faith and without bias. Where a conflict of interest is identified, a different investigator may need to be appointed where it could be interpreted as prejudicing an investigation. (iii) Where the Employee or their representative reasonably believe that it is appropriate for a different investigator to be appointed because the investigator cannot act in good faith and without bias because of a conflict of interest or other reason, the Employer will not unreasonably refuse to appoint a different investigator. (iv) The investigator being an employee of the Employer is not, of itself, a conflict of interest that would exclude them from investigating.