In recent years there has been an increasing focus on investigations into undesirable behavior or integrity violations in the workplace. Think of signals of fraud, conflicts of interest or (sexual) transgressive behavior. Such signals can be grounds for an internal or external investigation.

However, an investigation that is not carried out carefully can have major financial consequences as well as damage the reputation of both employer and employee. This is again evident from a recent ruling by the Rotterdam District Court (September 24, 2025) on an investigation at GR Sociaal.

What was at play?

A director of GR Social became the subject of an external investigation following an anonymous letter containing allegations about integrity and performance. The investigative agency concluded, among other things, that there was alleged abuse of position, conflict of interest and cross-border behavior.

However, the judge gave short shrift to the report: the investigation had been carelessly conducted. For the most part, the findings could not be considered factually correct. Moreover, the employee was given virtually no opportunity for rebuttal and was confronted with his departure through the media.

Although the court ultimately ruled that the employment relationship had been permanently disrupted, the disruption was largely due to the employer’s own actions. Therefore, the court ruled that GR Social had acted seriously culpable due to the poor investigation and the way the employee was treated.

The outcome:
The employment contract was dissolved as of December 1, 2025, with the employee being awarded both transition compensation and equitable compensation of €75,000 gross.
In addition, GR Social had to reimburse part of its attorney’s fees because it was acting in violation of the principle of good employment practice.

Where did it go wrong?

The flaws in the research show how quickly things can go wrong:

• The research firm drew its own far-reaching conclusions, in violation of GR Social’s internal directive requiring researchers to limit themselves to objective facts.
• The approach was based on hypotheses that were mainly to confirm what was already suspected, thus making the approach interfere with the discovery of the truth.
• The hearsay principle was inadequately applied.
• The employee was not treated with care and his interests were not adequately considered.

As an employer, what can you learn from this?

A diligent investigation is more than a formality. It is an essential part of good employment practice, where the legitimate interests of the accused are at stake.

1. Establish a clear research policy

Establish in policy and protocol how reports are handled, who directs and how objectivity is ensured.

2. Work with a plan of action

Determine in advance the research questions, scope and methodology. This avoids derailing the research or creating ambiguities.

3. Guarantee independence

Choose the right investigator. Internal is sometimes possible, but for sensitive issues, an outside party is almost always wiser.

4. Apply adversarial process carefully

Make sure the employee under investigation can tell his side of the story and that it is taken into consideration.

5. Protect privacy and data

When processing personal data, the AVG always applies. If a private research firm conducts the research, the Privacy Code of Conduct for Private Research Offices (PPO) must also be complied with.

6. Round up carefully

Report transparently, use proper retention periods and communicate clearly about follow-up steps.

Questions about due diligence or transgressive behavior in the workplace?

Our employment law attorneys advise and assist employers in conducting research, from policy to implementation, and in taking any follow-up steps. Please feel free to contact us.