Witness Statements

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Module 7: Witness Statements

Introduction

Welcome to Module 7 of Labour News! Effective witness statements are crucial in any disciplinary process, providing firsthand accounts that can influence decisions and outcomes. 

In this module, we will explore how to effectively take down witness statements, emphasizing the importance of clarity, objectivity, honesty, and voluntariness. 

We'll also discuss the differences between sworn statements and statements taken under oath, as well as the appropriate form these statements should take. By the end of this module, you will have a comprehensive understanding of best practices for gathering witness statements.

How to Take Down Statements

Be Concise

When taking witness statements, it's essential to be concise and focused on gathering relevant information. Avoid unnecessary details or leading questions that could distort the accuracy of the statement.

Tip: Use open-ended questions to encourage witnesses to provide detailed but concise answers.


Objective and Comprehensible

Statements should be objective, reflecting the witness's observations or experiences without personal opinions or biases. Ensure that the language used is clear and easily understood.

Example: During an investigation into workplace harassment, a witness statement should objectively describe what was observed or heard, avoiding interpretations or assumptions.


Honest and Voluntary

Witnesses must provide statements voluntarily and honestly. Coercion or manipulation to obtain a statement can undermine its credibility and fairness.

Case Study: In a legal dispute involving a workplace accident, a witness's voluntary statement about safety protocol non-compliance was crucial in determining liability.


Language Appropriateness

Statements should be recorded in a language that the witness understands and feels comfortable using. If necessary, provide translation or interpretation services to ensure accuracy and clarity.

Tip: Confirm the witness's preferred language of communication before recording the statement.


Sworn Statements or Statements Taken Under Oath

Definition and Purpose

  • Sworn Statements: These are statements made under penalty of perjury, where witnesses swear to the truthfulness of their statements in front of a legally authorized person (e.g., a notary public).

  • Statements Taken Under Oath: Similar to sworn statements, witnesses pledge to tell the truth under penalty of perjury, typically in a formal legal setting.

Example: In a disciplinary hearing, witnesses may be asked to provide sworn statements to ensure the accuracy and reliability of their testimonies.





The Form of the Statement

Components of a Well-Formed Statement

  1. Header Information: Include the witness's full name, contact information, date, and time of the statement.

  2. Introduction: Briefly introduce the purpose of the statement and the context in which it was obtained.

    Example: "I, [Witness Name], hereby provide this statement regarding the incident that occurred on [Date], at [Location], as witnessed by me."

  3. Narrative of Events: The main body should contain a clear and chronological account of what the witness observed or experienced.

    Tip: Encourage witnesses to include specific details such as dates, times, and descriptions of actions or conversations.

  4. Conclusion: Summarize the statement and confirm that the information provided is true and accurate to the best of the witness's knowledge.

    Example: "I declare that the above statement is true and correct to the best of my knowledge and belief."


Format Tips

  • Clarity: Use simple and direct language to ensure clarity and avoid ambiguity.

  • Chronological Order: Present events in the order they occurred to maintain coherence and logical flow.

  • Accuracy: Verify facts and details with the witness to ensure accuracy before finalizing the statement.


Conclusion

Effective witness statements are invaluable in establishing facts and determining the outcome of disciplinary proceedings. By following the guidelines outlined in this module—being concise, objective, comprehensible, and honest—you can ensure that witness statements are reliable and impactful. Understanding the nuances between sworn statements and those taken under oath, as well as the appropriate format for statements, enhances the credibility and fairness of the investigative process


Les



Example: Workplace Harassment Investigation

In a large corporate office, an employee lodged a formal complaint against their supervisor, alleging repeated instances of verbal abuse and discriminatory behavior. 

To investigate the matter thoroughly, HR conducted interviews with witnesses who were present during the alleged incidents.

Witness Statement Context:

One witness, a colleague who shared the same workspace as the complainant and the supervisor, provided a concise and objective witness statement. 

The statement focused on specific instances where they heard derogatory remarks and observed hostile interactions between the supervisor and the complainant. 

It emphasized clarity and avoided personal opinions or assumptions, ensuring the statement was comprehensible and unbiased.

Role of the Witness Statement:

  • Corroboration: The witness statement corroborated the complainant's allegations by offering an independent account of the supervisor's behavior.

  • Contextual Insight: It provided valuable insight into the workplace dynamics and the environment where the alleged harassment took place.

  • Decision-Making: The witness statement significantly influenced the company's decision-making process, supporting the need for disciplinary action against the supervisor for violating anti-harassment policies.

Outcome:

Based on the comprehensive investigation, including well-documented witness statements, the company took decisive disciplinary measures. 

These measures included counseling for the supervisor, mandatory training on respectful workplace conduct, and ongoing monitoring to ensure compliance with company policies.

Conclusion:

This example underscores the critical importance of adhering to best practices when taking witness statements. 

By maintaining objectivity, clarity, and honesty, and ensuring statements are voluntary and recorded in appropriate language, organizations can uphold fairness and integrity in their investigative processes.
Effective witness statements not only substantiate claims but also contribute to fostering a safe and respectful work environment for all employees.

Les

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