Internal Investigations In Switzerland: Part II

More and more frequently, companies are conducting so-called internal investigations in order to follow up, i.e. clarify, allegations reported to them internally. For the employees concerned against whom such investigations are initiated, this can come out of the blue. As such investigations can drag on, this can be very stressful for the employees concerned.

This article deals with two aspects: Firstly, the rights of the employees concerned, and secondly, the impact of internal investigations on the employment relationship.

1. What rights do I have? Can I refuse to give evidence and co-operate?

When affected employees are confronted with accusations for the first time, the following questions usually arise: Who has accused me? What exactly am I being accused of and how should I respond to these accusations? The latest case law of the Federal Tribunal provides some answers to these questions. In its decision 4A_368/2013 of 19 January 2024, the Federal Tribunal