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Procedural Rules for Internal Investigations

Precedential Decision by Judiciary or Regulatory Agency

Author: Ueli Sommer, Partner – Littler | LEL

The Swiss Federal Supreme Court ruled that rights in criminal proceedings do not extend to internal investigations. However, the court emphasized that a fair process must be followed. The court outlined specific guidelines for internal investigations:

• No full investigation is required
• Employees do not need to be informed of the content of the interview beforehand or have an opportunity to prepare
• The company does not need to specify date, time, or involved persons, but must adequately describe the allegations under investigation in general terms
• Employees cannot refuse to participate or testify
• The company is not required to follow requests for evidence
• Employees do not have the right to have a lawyer present, but can read through minutes and make a written statement if they consider important points to be missing

A company may have internal rules that provide more rights to employees within the context of an internal investigation. Hence, it is important to review such policies given that they can limit a company’s rights more than is legally required or cause unnecessary delays.