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Posted By Brando
All
An individual claims they have had an accident at work.
They make a statement.
During the investigation you find that the accident was filmed ( by chance )on a mobile phone.The film is very different from what the person claimed happened.
Do you:
Re-interview the person and get them to make another statement without telling them that you know of the film ( thus giving them a chance to change their story and come clean ).
Or tell them about the film and see what they say.
Thoughts???
Brando
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Posted By Tabs
We had a similar situation where it was filmed on security cameras which the injured person thought were out of commission.
We invited him, his union rep, his manager and our legal counsel to a meeting.
We asked him to restate his account of events, asked him how clear his recollection was, and then showed the film.
The film showed the scene being reworked to support a sequence of events very different to the actual events.
He dropped his personal injury claim, and we excluded him from site permanently.
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Posted By Pete48
No point in being devious at all. If you have evidence that suggests to you that they have lied to you in an investigation you should confront them with that evidence.
Then deal with the outcome dependant on that discussion and your conclusions. Follow usual HR procedures if you need to.
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Posted By Tabs
Forgot to say, he was a contractor.
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Posted By VJM
I used to work in a field that used surveillance a lot (not H&S) but what I would say, be very careful about using the film as your sole footage.
Personally I would continue gathering the rest of your information, witness statements etc and then reinterview your IP. If they stick with the same story, you then have lots of other evidence, not just the film footage.
Other people may think differently though, but that's what I would do.
Vanessa
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Posted By Bob Shillabeer
Be careful, check that the film is timed so you can demonstrate it is genuine. Just continue with the investigation until you reach a conclusion and present it. The action that follows if the IP is trying to pull the wool is not yours to deal with it is a HR issue. Leave it to them, just deal with the accident investigation.
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