The art of truth-finding in the workplace

Establishing the truth in the workplace—objectively determining the facts surrounding a conflict, theft, or accusation—is often necessary to substantiate a suspension or dismissal, but you are not permitted to do whatever you want. The employer is not a detective: hidden cameras or monitoring employees is only permitted under strict conditions and after a careful assessment of privacy. Moreover, uncovering the truth is not an end in itself, but a means. Sometimes you achieve your goal better through mediation or a settlement agreement. Below, you can read how to handle this carefully.

What is fact-finding in the workplace?

Fact-finding involves objectively mapping out the facts surrounding a problem at work. This can concern theft at work , allegations of bullying or discrimination, or a labor dispute. It is important to properly establish the facts, for example, to substantiate a suspension or dismissal . Without solid facts, an employer is often in a weak position in legal proceedings

Why is establishing the truth so difficult?

• Perception differs: what one person sees as a fact, another experiences as an opinion. Employees regularly present contradictory versions, while they are all convinced they are right.
• Privacy of data subjects: you must comply with the law and the privacy of employees. An employer is not a police officer and may not investigate everything.
• Power and hierarchy: employees sometimes do not dare to share their version out of fear of reprisals. Independent confidential counsellors or reporting centres help with this.

What is and isn't allowed when investigating employees?

Investigative tools that deeply infringe on privacy — such as hidden cameras or hiring a private investigator — may only be used under strict conditions. You must carefully weigh your legitimate interest against the employee's privacy rights. Key benchmarks:

• Necessity: is there a concrete, compelling reason (for example, a reasonable suspicion of theft)?
• Subsidiarity: can you not achieve the goal with a less restrictive measure?
• Proportionality: is the infringement proportionate to the interest?
• Due diligence: limit the infringement in time and scope and document the assessment.

Evidence obtained unlawfully can be used against you in legal proceedings. A careful approach is therefore not only proper, but also in your own interest.

Finding the truth is a means, not an end

Uncovering the truth is not an end in itself, but an instrument to achieve a higher goal: restoring the employment relationship, creating a healthy work environment, or substantiating a dismissal. Sometimes it is not necessary at all to determine “who is right”. Alternatives are often more effective:

• Mediation: in mediation, parties work together on a solution that does justice to both their interests, without focusing on being right or wrong.
• Improvement plan: in the event of poor performance, you can initiate an improvement plan without first having to ascertain the truth.
• Settlement agreement: in the extreme case, you terminate the employment relationship by mutual agreement with a settlement agreement , without any question of fault

Frequently asked questions about fact-finding at work

Am I allowed to use camera footage to dismiss an employee?

Sometimes yes, but only if the use of cameras is lawful: either clearly identifiable or, in the case of covert surveillance, complying with strict conditions and a privacy assessment. Illegally obtained footage may be excluded or, conversely, cast the employer in a bad light. Have this assessed in advance.

Should I hear an employee before drawing a conclusion?

Yes, the principle of hearing both sides is an important part of a thorough investigation. The employee must be given the opportunity to respond to the findings. If you skip this step, it could undermine a subsequent measure.

Should I have a hotline for misconduct?

Depending on the size of your organization, obligations apply regarding an internal reporting procedure for misconduct and the protection of whistleblowers. Moreover, independent points of contact increase the likelihood that employees feel safe enough to share information.

Advice on fact-finding in the workplace

Both employers and employees have rights and obligations, including privacy and fair treatment. The legal experts at MKB Juristen provide legal advice on what is permitted, how to conduct thorough research, and which alternatives—such as mediation—lead to a just solution. View our employment law or schedule a no-obligation intake.