Internal investigation is a process conducted by an employer to establish facts regarding an alleged workplace violation (disciplinary misconduct, fraud, harassment). A fair and objective internal investigation is the foundation for any disciplinary decision, including dismissal. If an investigation is biased or procedurally flawed, the court is likely to overturn the employer's decision. Therefore, it is critically important that the investigation be conducted by independent and qualified individuals.
Lawyers featured on Legal.ge offer internal investigation services as external, neutral experts. This is particularly important for sensitive cases (e.g., sexual harassment or top management financial fraud) where internal HR might be under pressure. Our specialists gather evidence, take explanations, and prepare a substantiated report capable of withstanding judicial scrutiny.
What does the Internal Investigation service cover?
- Fact-Finding: Examining documents, emails, and video recordings to trace evidence of violations.
- Interviews: Questioning witnesses, victims, and alleged wrongdoers using specialized methodology.
- Report Preparation: Drafting a report containing factual circumstances, legal assessment, and recommendations.
- Confidentiality Protection: Conducting the process without infringing on the reputation and personal data of involved parties.
- Disciplinary Recommendations: Selecting appropriate sanctions (reprimand, dismissal) based on the severity of the violation.
- Fraud and Corruption Investigation: Uncovering financial misconduct and conflicts of interest (Forensic Investigation).
Common scenarios requiring this service
A typical scenario involves an employee complaint about sexual harassment by a manager. The company needs a neutral party to establish the truth and avoid accusations of bias. Another scenario is suspicion of a procurement manager taking kickbacks; this requires financial and legal investigation. A third case involves data leakage to a competitor, where the source needs to be identified.
Georgian Legal Framework
Internal investigations are not directly regulated by a single law but rely on the Labor Code (disciplinary liability) and court practice. The Supreme Court requires that an employer thoroughly investigate the case and listen to the employee before dismissal. The Law on Personal Data Protection is also crucial during the investigation process.
Step-by-step service process
The process begins with defining the mandate. The investigator sets a plan. Interviews and evidence collection take place. An interim and final report are drafted. The report presents facts and a conclusion: whether internal regulations or the law were violated.
Why choose a specialist on Legal.ge?
Independent investigation is the best defense in court. On Legal.ge, you will find professionals with investigative experience who know how to obtain evidence legally.
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