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Workplace misconduct investigation: thorough, independent, confidential
Employers

Workplace misconduct investigation: thorough, independent, confidential

A report of transgressive behaviour requires a careful, independent response. We investigate the facts with respect for everyone involved and deliver a report you can build on.

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Workplace Misconduct Investigation

A report of intimidation, bullying, discrimination, aggression or sexual misconduct in the workplace has a major impact on those involved and on the organisation. Employers in the Netherlands are legally required to pursue a policy that prevents or limits psychosocial workload; the Working Conditions Act explicitly includes aggression and violence, sexual harassment, bullying and discrimination under that heading (Article 3(2) Working Conditions Act, in Dutch). A concrete report calls for a careful investigation. An internal inquiry often lacks the objectivity the situation requires: colleagues know each other, interests overlap, and the complainant or the accused does not trust the outcome. SAJ Recherche conducts the investigation independently, hearing both sides, so that you as an employer can make a well-considered and legally sound decision.

What we investigate

What do we investigate?

The facts behind the report. Structured interviews with the complainant, the accused and witnesses, each with a written statement submitted for approval. Analysis of correspondence, chat messages, complaint files and earlier signals. Pattern analysis: a single incident or structural behaviour? Assessment against your code of conduct, the Working Conditions Act and the relevant regulations. The result is a factual report with clear conclusions on what has and has not been established.

When is this necessary?

In the event of a complaint about sexual misconduct, signs of bullying or intimidation, reports of discrimination, matters that come in through a confidential adviser and require investigation, or when an internal complaints committee is insufficiently independent or appears so. When the accused is a manager or director, external investigation is also the appropriate route.

Care as the starting point

Hearing both sides is standard: everyone named in the report is given the opportunity to respond to what is established about them. We protect the position of the complainant and of the accused: no premature conclusions, no leaks, no unnecessary distribution of the report. Whistleblowers who report wrongdoing are protected under the Dutch Whistleblowers Protection Act; we structure the investigation so that this protection remains intact.

How does the investigation work?

1
Intake

you discuss the report with us in confidence; we define the research questions and advise on communication with those involved.

2
Investigation design

a plan with timeline, persons to be interviewed, methods and fixed price, aligned with your HR department or lawyer.

3
Execution

interviews and document analysis by experienced investigators; statements are recorded and approved.

4
Reporting

an independent report with facts, conclusions and recommendations, usable as a basis for employment measures or for restoring working relationships.

Want to discuss your situation?

Contact us for a free, confidential consultation.

⚖️ Legal framework

SAJ Recherche operates in compliance with the Dutch Private Security and Investigation Agencies Act (Wpbr) and the General Data Protection Regulation (GDPR/AVG). All investigations are conducted under POB licence 8779, issued by the Ministry of Justice and Security.

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Frequently asked questions

Is an external investigation mandatory after a complaint?
The law does not prescribe an external investigation, but it does require a policy against psychosocial workload and careful handling of reports. An external investigation increases the objectivity and credibility of the outcome, for all parties.
How do you protect the complainant?
We do not share the complainant's identity further than the investigation requires and structure the investigation in line with the Dutch Whistleblowers Protection Act. A complainant may not be disadvantaged because of the report; we include any signs of this in the investigation.
Can the report lead to dismissal?
The report establishes facts and forms the basis for a decision. The decision on measures, from a conversation to dismissal, rests with the employer, preferably after advice from an employment lawyer.
How long does the investigation take?
Usually three to six weeks, depending on the number of people to be interviewed and the volume of documents. The timeline is set out in the investigation design.
Do you also work for education, healthcare and government?
Yes. We have experience with misconduct investigations in the public sector, where additional requirements for care and record-keeping often apply.
What does a misconduct investigation cost?
That depends on the number of interviews and the size of the file. After the intake you receive a fixed-price agreement. See also our rates.

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