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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12. Can the identity of the complainant, witnesses or sources of information for the investigation be kept confidential?
12. Can the identity of the complainant, witnesses or sources of information for the investigation be kept confidential?
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Sweden
Sweden
- at Mannheimer Swartling
- at Mannheimer Swartling
- at Mannheimer Swartling
If the Swedish Whistleblowing Act applies, their identity must be kept confidential under the duty of confidentiality. If the Swedish Whistleblowing Act does not apply, their identity can to a large extent be kept confidential.
It can also be noted that a workplace investigation carried out in the public sector will often (eventually) become an official document, which means that the document can be requested by the public. There are, however, provisions on secrecy that may restrict the right to gain access to official documents. These provisions are found in the Public Access to Information and Secrecy Act (2009:400).
22. What must the employee under investigation be told about the outcome of an investigation?
22. What must the employee under investigation be told about the outcome of an investigation?
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Sweden
Sweden
- at Mannheimer Swartling
- at Mannheimer Swartling
- at Mannheimer Swartling
This depends on the outcome of the investigation and the applicable rules.
If the outcome of the investigation leads to termination, the employer will have to disclose some information regarding the reason for termination. If the employee questions the termination, the employer may have to disclose more information in a subsequent dispute. If the outcome of the investigation leads to less invasive measures, such as a warning, there are less extensive requirements to provide information.
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Contributors
Australia
People + Culture Strategies
Austria
GERLACH
Belgium
Van Olmen & Wynant
Brazil
CGM
China
Jingtian & Gongcheng
Finland
Roschier
France
Bredin Prat
Germany
Hengeler Mueller
Greece
Karatzas & Partners
Hong Kong
Slaughter and May
India
Trilegal
Ireland
Ogier
Italy
BonelliErede
Japan
Mori Hamada & Matsumoto
Netherlands
De Brauw Blackstone Westbroek
Nigeria
Bloomfield LP
Philippines
Villaraza & Angangco
Poland
WKB Lawyers
Portugal
Uría Menéndez - Proença de Carvalho
Singapore
Rajah & Tann Singapore
South Korea
Kim & Chang
Spain
Uría Menéndez
Sweden
Mannheimer Swartling
Switzerland
Bär & Karrer
Thailand
Chandler MHM
Turkey
Paksoy
United Kingdom
Slaughter and May
United States
Cravath, Swaine & Moore
Vietnam
Le & Tran Law Corporation
Contributors
Sweden
Mannheimer Swartling