An employee files a complaint about a manager. Or confidential reports come in about unwanted behaviour in the department. What do you do as an employer? Resolve it internally? Involve the confidential adviser? Or is it time for an independent fact-finding investigation?

In this article, we explain what workplace misconduct entails, when investigation by a private investigation agency is advisable, and how such an investigation works in practice — carefully, legally admissible, and in accordance with the investigation protocol of the Dutch Security Branch.

What constitutes workplace misconduct?

Workplace misconduct is broader than many employers realise. It is not limited to sexual harassment. The Dutch Working Conditions Act defines it as part of psychosocial workload: behaviour that causes stress with physical, psychological, or social consequences.

In practice, we distinguish three main categories:

Bullying

Structurally excluding or ignoring a colleague
Malicious gossip, offensive remarks, name-calling
Swearing, insulting, or humiliating in front of others

Sexual and non-sexual intimidation

Unwanted touching or physical contact
Sexually suggestive remarks, messages, or imagery
Verbal and non-verbal threats, intimidating staring
Inappropriate approaches via social media
Persistent pressure for contact or a relationship

Discrimination and aggression

Unequal treatment based on origin, gender, orientation, age, or religion
Verbal or physical aggression
Threats or intimidation from a position of power

What these forms have in common: the behaviour causes harm to another person on a physical, mental, or emotional level. And it occurs more frequently than you might think — particularly within organisations where hierarchy, dependency, and closed cultures play a role.

Why is internal investigation often insufficient?

Most organisations have a confidential adviser, a complaints committee, or a code of conduct. That is important. But with serious complaints — especially when power dynamics, multiple parties, or contradictory statements are involved — internal investigation often reaches a dead end.

The reasons are predictable:

Insufficient independence: the investigator knows those involved, has interests within the organisation, or is perceived as biased.
Legal risks: if the investigation does not meet the requirements of proportionality, subsidiarity, and fair hearing, the evidence will not hold up in court.
Privacy violations: without knowledge of the GDPR and the Privacy Code of Conduct, you may inadvertently violate personal data protections.
Protection of the reporter: a reporter who fears retaliation will not speak to someone from their own organisation.
Protection of the accused: without careful fair hearing procedures, you risk someone being unjustly accused — with all the consequences that entails.

In all these cases, an independent fact-finding investigation by a recognised investigation agency provides the objectivity and legal certainty you need.

Unsure whether an investigation is needed? Contact us

Call us for a free, confidential consultation: +31 20 782 3222 (also WhatsApp).

When should you engage an investigation agency?

Not every complaint requires an external investigation. But in the following situations, it is wise to consider professional fact-finding:

There are multiple complaints or reports about the same person
The accused holds a managerial or executive position
There is a significant power imbalance between reporter and accused
The complaints are serious: sexual harassment, threats, discrimination
The organisation needs independent, legally admissible conclusions
Employment law proceedings are ongoing or imminent
Internal investigation has failed to provide clarity
The reporter will only cooperate with an external, independent investigation
The investigation may attract public or media attention

In each of these situations, independent investigation protects not only the reporter but also the accused and the organisation.

How does fact-finding work at SAJ Recherche?

SAJ Recherche Amsterdam conducts investigations into workplace misconduct in accordance with the investigation protocol of the Dutch Security Branch (September 2024). This protocol ensures that the investigation is legally admissible, thorough, and respectful.

Step 1 — Confidential consultation and assessment

We always begin with a confidential conversation with the client. We assess whether there is a legitimate interest for investigation. This interest must outweigh the privacy interests of those involved. If investigation is not proportionate, we will say so.

Together with you, we determine which normative frameworks apply: the Working Conditions Act, your own code of conduct, or additional guidelines.

Step 2 — Plan of approach and quotation

We prepare an investigation plan with clear research questions, approach, and timeline. For each investigative method — interviews, OSINT, digital research, or observation — we test again for proportionality and subsidiarity. You receive a transparent quotation.

Step 3 — Investigation

We conduct the investigation with a team of two experienced investigators. The core of the investigation typically consists of interviews with reporters, the accused, and any witnesses. Additionally, we may deploy:

OSINT / open source investigation: analysis of social media and other publicly accessible information.
Digital investigation: forensic research on digital data, with permission of the rights holder.
Observation: only when strictly necessary and proportionate.

During the investigation, strict rules apply:

Cooperation is voluntary — but may be expected on the basis of good employeeship
The accused always has the opportunity for a fair hearing
Interview reports are submitted for review and signed
As little investigative information as possible is shared with interview partners
File access is limited to the investigation team (need-to-know basis)
Personal data is processed in compliance with the GDPR

Step 4 — Report and advice

Upon completion, we prepare a factual final report. This report contains no judgement or qualification — only established facts. It is up to you as the employer, or the court, to determine whether the behaviour constitutes misconduct in the legal sense.

The accused receives a draft report and is given the opportunity to respond in writing. That response is included in the definitive report. This makes the report suitable for use in employment law and legal proceedings.

How do we protect reporters and the accused?

This is perhaps the most important part of our work. An investigation into workplace misconduct affects people deeply. We take that seriously:

Confidentiality: all conversations and findings are treated in full confidence. We are bound by professional secrecy.
Protection of reporters: where necessary, names are omitted from the report and interview records are stored separately. This protects the reporter without undermining legal testability.
Rights of the accused: the accused is always informed, receives access to the findings, and can respond through a fair hearing. No one is declared “guilty” in advance.
Aftercare: conversations about misconduct can be emotionally burdensome. After each interview, we offer the possibility of aftercare, including transport home if needed.
Neutral terminology: we deliberately speak of “reporter” and “accused”, not “victim” and “perpetrator”. Facts first, judgement later.

Need confidential advice? Contact us

Discuss your situation with an experienced investigator. Call or WhatsApp: +31 20 782 3222.

Legal framework

SAJ Recherche Amsterdam holds POB licence 8779 from the Ministry of Justice and Security. Every investigator holds the Private Investigator diploma (SVPB) and a yellow identification card issued by the police.

We operate in accordance with:

The Dutch Private Security and Investigation Agencies Act (Wpbr)
The Regulation on Private Security and Investigation Agencies (Rpbr)
The General Data Protection Regulation (GDPR/AVG)
The Privacy Code of Conduct for the Private Investigation Sector
The Investigation Protocol for Workplace Misconduct (Dutch Security Branch, 2024)

This legal framework guarantees that our investigation is independent, proportionate, and legally admissible.

Who do we conduct this type of investigation for?

Employers and HR departments: dealing with complaints and needing objective investigation for an informed decision.
Employment lawyers: requiring evidence for dismissal proceedings, injunctions, or mediation.
Directors and executives: confronted with complaints about members of management or the board.
Works councils: wanting an independent investigation into the work culture.

We operate from Amsterdam with nationwide coverage. We are immediately available in Utrecht, Rotterdam, The Hague, Eindhoven, Groningen, and any other location in the Netherlands.

Frequently asked questions about workplace misconduct investigations

What does an investigation into workplace misconduct cost?

The costs depend on the number of people involved, the complexity, and the investigative methods required. After a confidential intake meeting, you receive a transparent, tailored quotation. No hidden costs.

How long does such an investigation take?

The duration varies from two to six weeks, depending on the number of interviews and the availability of those involved. We always provide a realistic timeline in advance.

Can employees refuse to cooperate?

Cooperation is formally voluntary. However, on the basis of good employeeship, an employee may be expected to cooperate. Refusal is noted in the report.

Is the report admissible in court?

Yes. Our reports are prepared in accordance with the requirements that courts set for evidence from private investigation agencies. The accused always has the opportunity for a fair hearing.

Can we protect reporters against retaliation?

We take additional measures to protect the identity of reporters where necessary and proportionate. Names can be omitted from the report and interview records stored separately.

What if a criminal offence is involved?

We conduct fact-finding and do not pass legal judgement. If our findings point to a possible criminal offence, we advise you on the next steps, including filing a police report where appropriate.

Do you work with our lawyer?

Yes, we do this regularly. Your lawyer can attend the intake meeting and we coordinate the plan of approach with the legal strategy.

Misconduct in the Workplace — When Is an Independent Investigation Needed?