In an article published in Compliance and Risk Journal, we look at the issues raised when employee investigations are conducted across jurisdictions, and identify how employers can manage some of the risks involved.
- It is difficult to adopt a “one size fits all” approach to investigations, but especially when carrying out those with a multi-jurisdictional dimension. Employers should understand the purpose of the investigation, and the various locations involved. The results will determine the structure and scope of the investigation and avoid the risk of employer actions that may give employees potential claims in a country where that result was not intended.
- The differing rules that apply to legal privilege pose a significant challenge to cross-border investigations. Employers should decide at the outset whether it is desirable or possible to sustain legal privilege over an investigation.
- Regulators may have differing expectations regarding cooperation and disclosure of investigation documents. Some regulators may expect to be involved in the investigation process, and there may be a duty to report the fact of an investigation, as well as its outcome.
- Practical difficulties facing employers include questions of timing, language and cultural differences, and technology.
25Click here to access the full article and practical guidance for employers.