Workplace harassment investigation in Geneva and French-speaking Switzerland

When should an investigation be opened?

Employers must protect the personality and health of their employees (art. 328 CO). When they receive a serious report, they must clarify the facts in order to make the right decisions. An investigation is required in particular in cases of:

• reported psychological harassment (mobbing) or sexual harassment;
• discrimination or repeated inappropriate remarks and behaviour;
• a serious conflict where the facts are disputed;
• a situation that could lead to a sanction or dismissal.

Why entrust the investigation to an external third party?

• Impartiality : neither management, nor human resources, nor anyone close to the parties can appear neutral. An external investigation protects the credibility of the conclusions.
• Respect for everyone’s rights : according to the Federal Supreme Court (judgment 4A_368/2023), the accused person must in particular be informed of the allegations, be heard, be able to review their statement and be assisted.
• Sound decisions : a detailed report enables the employer to decide on established facts, and to demonstrate this in the event of litigation.
• Separation of roles : the investigation is never conducted by the person of trust who received the report.

Our method, step by step

1. Analysis of the report and scoping : together we define the mandate, scope and timetable (which depends in particular on the number of people to be interviewed), and advise you on immediate protective measures.
2. Interviews : the person reporting, the accused person and witnesses are heard, in a carefully prepared, respectful and confidential setting.
3. Analysis and report : a detailed report establishes the facts and makes recommendations. Its delivery time depends on the number of people to be interviewed; you are informed of it at the scoping stage.
4. Feedback and follow-up : we support management in its decisions, communication to teams and post-investigation management.

Audit or investigation? These are two distinct processes, which can follow on from each other in either direction. When a situation is reported to our external person of trust, an audit determines whether an in-depth investigation is needed: where there is a proven risk, a full diagnosis is delivered within 10 days. Conversely, an investigation can reveal dysfunctions that call for an organisational audit. The length of an investigation varies depending on the situation.

Establishing the facts, restoring a calm working climate

Our investigation method, proven in the field, combines empathy and accountability. It establishes the facts rigorously while preserving the dignity of each person interviewed. This is what then helps restore a calm working climate.

We also look at what made the situation possible: poorly defined roles, unclear processes, failing governance. Our recommendations address the case, but also its organisational causes, to prevent it from happening again.

A multidisciplinary approach

Our investigations draw on a systemic approach combining law, psychology and coaching. Depending on the situation, we call on the Rezalliance ecosystem: lawyers, occupational psychologists, coaches and HR specialists.

To go further, read our article Workplace harassment investigation: what to do, and what to avoid at all costs (in French), and see our FAQ.