Internal Investigations

What do we offer in this area?

• Examining the complaint and related documents
• Preparing investigation records and documenting statements
• Presenting findings and recommendations while maintaining confidentiality

The scope of work and required documents are determined after reviewing the matter and agreeing on the engagement.

Why does a disciplinary decision require a documented administrative investigation?

An administrative investigation of an employee is not a mere formality; the Labor Law does not permit imposing a disciplinary penalty on an employee except after notifying them in writing of what is attributed to them, questioning them, and examining their defense, and recording this in minutes kept in their file. Nor does it permit accusing an employee of a violation discovered more than thirty days earlier. A penalty that has a basis in fact may therefore still be annulled if its procedures were not completed. Cases that require an organized investigation include:

• Complaints of abuse or harassment between employees
• Suspicions of embezzlement or abuse of authority
• Leaking information and trade secrets
• Repeated absence or violation of published instructions

Stages of internal investigations at the business

The investigation proceeds according to written steps that preserve impartiality and can later serve as evidence before the competent authorities, based on the table of violations and penalties in the approved internal work regulations:

• Reviewing the report and identifying the facts, the potential violation, and the applicable provision
• Preserving evidence, such as correspondence, records, and system data, before it is modified or deleted
• Notifying the employee in writing of the charge against them and setting a date to hear their statement
• Hearing witnesses and documenting statements with the signatures of those who gave them
• Preparing a findings report with a recommendation proportionate to the severity of the violation

The investigation before termination under Article 80 of the Labor Law

If the violation is one that may justify termination without an award, notice, or compensation, Article 80 of the Labor Law requires that the employee be given the opportunity to state the reasons for objecting to the termination, and some of its cases are tied to a prior written warning or to notifying the competent authorities within twenty-four hours of learning of the act. A documented investigation is the practical means of proving this if the dispute is later heard under Labor Cases for Businesses.

Confidentiality and data protection during the investigation

The investigation file contains personal data and sensitive statements, and access to it is therefore limited to those who need it, and it is kept in accordance with company policies and the requirements of the Personal Data Protection Law. Care is taken to ensure that anyone with an interest in the outcome or a direct connection to the complaint does not take part in the investigation. If the investigation reveals an act that may constitute a crime, management is presented with options for reporting it to the competent authority instead of relying solely on an internal penalty.

Frequently asked questions

What period is available to the business to begin investigating an employee?

An employee may not be charged with a violation discovered more than thirty days earlier, so the procedure must begin as soon as the violation becomes known. The duration of the investigation itself varies depending on the number of witnesses and the volume of evidence, and it is advisable for the business’s internal work regulations to set clear deadlines for reporting, hearing statements, and issuing the decision, and for the employee to be notified of the disciplinary decision in writing.

Who conducts the internal investigation within the business?

It is usually conducted by whoever is designated by the regulations or management, such as the human resources department, the legal affairs department, or a committee formed for this purpose, provided they are impartial and have no interest in the outcome. In sensitive complaints or those involving senior management, some businesses engage an outside lawyer to conduct the investigation or review its records in order to preserve its independence.

Is the investigation minutes given weight before the Labor Court?

The investigation report is among the evidence the company submits to prove the violation and the completion of the procedures, and the court weighs its value together with the other evidence. Its value increases the more it is dated and signed and includes what was attributed to the employee, his response, and the evidence on which the decision was based, and the more it precedes rather than follows the disciplinary decision.