What can an employer do when a criminal investigation has started in relation to one of its employees and an internal investigation has already begun in the workplace? Do they have to stop the internal investigation?

Posted in : First Tuesday Q&A ROI on 6 December 2011
A&L Goodbody
A&L Goodbody
Issues covered:

The Employment Appeals Tribunal has held in previous unfair dismissal claims that where a criminal investigation has begun, this should lead to the suspension of an employer’s internal investigations insofar as the latter would require the accused to comment on the allegations which form the subject matter of the criminal investigation.

However, the internal investigation may continue, even where a criminal investigation is ongoing, if an accused employee consents to the internal investigation proceeding and provided that his or her legal representative is informed and agrees to this.

Back to Q&A's This article is correct at 02/09/2015

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A&L Goodbody
A&L Goodbody

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