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Harassment Investigation

Is an investigation mandatory?

Yes, if an employer receives a complaint, they have a legal duty of care to investigate. Ignoring it can lead to joint liability for the employer in court.

Can I suspend the accused employee during investigation?

Yes, employers can suspend the accused employee with pay pending the investigation outcome to ensure the safety of the complainant and the integrity of the evidence.

What if the accusation is false?

If the investigation proves the accusation was made in bad faith (maliciously), the accuser may face disciplinary action. However, unproven accusations made in good faith are protected.

Can the report be used in court?

Yes, the investigation report is a key piece of evidence in subsequent litigation, demonstrating that the employer followed due process.

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Internal Harassment Investigation is a critically important procedure that an employer must conduct immediately upon receiving a complaint about discrimination, bullying, or sexual harassment. The Labor Code of Georgia and anti-discrimination legislation obligate companies to have response mechanisms and ensure a safe working environment. An improperly conducted or biased investigation not only violates the rights of the parties but also increases the company's legal and reputational risks. When a complaint involves a high-ranking manager or the situation is complex, an internal investigation using in-house resources often fails to ensure the necessary neutrality.

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Legal.ge offers the services of independent lawyer-investigators who will conduct an objective and professional internal inquiry. Services include:

  • Preliminary Complaint Assessment: Initial analysis of facts to determine if there are grounds to start an investigation.
  • Interviewing Parties and Witnesses: Conducting confidential interviews with the alleged victim, the accused, and eyewitnesses, adhering to psychological safety norms.
  • Evidence Analysis: Examining electronic correspondence, video recordings, and other documents.
  • Report Preparation: Compiling a detailed report on factual circumstances, legal assessment, and recommendations (e.g., disciplinary measures).
  • Confidentiality Protection: Conducting the process in a way that prevents information leakage and reputational damage to the parties.

Independent investigation is essential in scenarios such as: an employee complains about a director for sexual harassment, and the HR department cannot be objective due to a conflict of interest. Or, rumors of systemic bullying spread within the company, and management wants to find out the truth. Also, when a company faces a potential lawsuit, an independent expert's conclusion is strong evidence that the employer took reasonable measures.

Georgian legislation imposes liability on the employer to protect the employee from harassment. If the employer knew about the fact and did not respond, they may be held jointly liable for damages. Conducting an investigation is precisely the "response" required by law. It is important that the process is fair (Due Process) — the accused must also be given an opportunity to defend themselves.

The process begins with defining the mandate. The external investigator gains access to necessary information and starts working. Upon completion of the inquiry, the company receives a substantiated conclusion helping it make the right decision (e.g., dismissal, warning, or acquittal) and protect itself from potential litigation.

On Legal.ge, you will find experts who will help you manage the crisis professionally. An objective investigation is a sign of a healthy organizational culture.

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