Workplace Investigations

• The Constitution of the Federal Republic of Nigeria, 1999 (as amended)
• The Criminal Code Act
• Penal Code Law
• Money Laundering (Prohibition) Act 2011 (as amended)
• Freedom of Information Act 2011
• Terrorism (Prevention) Act 2013
• Independent Corrupt Practices and other related offences Act 2000
• Code of Conduct Bureau and Tribunal Act
• Companies and Allied Matters Act 2020
• Nigerian Code of Corporate Governance 2018
• Economic Financial Crime Commission (Establishment) Act 2004
• Investment Securities Act 2007
• Central Bank of Nigeria Act 2007
• Banks and Other Financial Institutions Act 2020
• Whistleblowing Programme under the Ministry of Finance

There is no specific legal regulation for internal investigations in Switzerland. The legal framework is derived from general rules such as the employer's duty of care, the employee's duty of loyalty and the employee's data protection rights. Depending on the context of the investigation, additional legal provisions may apply; for instance, additional provisions of the Swiss Federal Act on Data Protection or the Swiss Criminal Code.

The employer needs to balance the interests of the employee investigated, and the interests of other persons involved in the investigation such as the complainant and witnesses. Thus, the employer may either share the findings of the investigation or the full investigation report, provided that the identities of all other persons involved in the investigation are kept confidential.

In principle, there is no obligation to disclose the final investigation report. Disclosure obligations may arise based on data protection law vis-à-vis the persons concerned (eg, the accused). Likewise, there is no obligation to disclose other documents, such as the records of interviews. The employee should be fully informed of the final investigation report, if necessary, with certain redactions (see question 22). The right of the employee concerned to information is comprehensive (ie, all investigation files must be disclosed to him).[1] Regarding publication to other bodies outside of criminal proceedings, the employer is bound by its duty of care (article 328, Swiss Code of Obligations) and must protect the employee as far as is possible and reasonable.[2]