Workplace Investigations

Contributing Editors


Workplace investigations are growing in number, size and complexity. Employers are under greater scrutiny as of the importance of ESG rises. Regulated industries such as finance, healthcare and legal face additional hurdles, but public scrutiny of businesses and how they treat their people across the board has never been higher. Conducting a fair and thorough workplace investigation is therefore critical to the optimal operation, governance and legal exposure of every business.

IEL’s Guide to Workplace Investigations examines key issues that organisations need to consider as they initiate, conduct and conclude investigations in 29 major jurisdictions around the world.  

Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.

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19. What if the employee under investigation raises a grievance during the investigation?

19. What if the employee under investigation raises a grievance during the investigation?

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Finland

Finland

  • at Roschier
  • at Roschier

If the nature of the grievance relates to the employer's obligations to handle such matters in general, the grievance will be investigated either separately or as a part of the ongoing investigation.

Last updated on 15/09/2022

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South Korea

  • at Kim & Chang
  • at Kim & Chang
  • at Kim & Chang
  • at Kim & Chang

It is not uncommon for an employee under investigation to raise grievances during or after the investigation. Below are some examples of claims an employee may raise:

  • that the company reviewed the employee’s electronic data without obtaining the requisite consent;
  • that witnesses or the company committed defamation in violation of the Criminal Code;
  • that the employee was coerced to comply with the investigation in violation of the Criminal Code;
  • that the employee was disciplined without just cause; or
  • that the employee was harassed by other employees for providing information during the investigation.

The actions the company should take would vary depending on the grievance raised.

Last updated on 15/09/2022