A workplace investigation is a formal process used by employers to examine allegations of misconduct, disputes, or grievances within an organisation. It aims to establish facts, ensure fairness, and determine whether company policies or employment laws have been breached.

In Ireland, workplace investigations must adhere to fair procedures and the principles of natural justice, ensuring that employees are given an impartial hearing. Employers typically conduct investigations in cases of bullying, harassment, discrimination, misconduct, or breaches of company policy. The process involves gathering evidence, interviewing relevant parties, and producing a report with findings and recommendations.

Following best practices—such as those outlined in the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000)—helps employers avoid legal risks and ensures that investigations are conducted fairly and transparently

An employer should conduct a workplace investigation when there are allegations or concerns that require a fair and impartial review. Common situations that warrant an investigation include:

• Misconduct Allegations: If an employee is accused of breaching company policies, or behaving inappropriately.
• Bullying and Harassment Complaints: When an employee reports workplace bullying, harassment, or discrimination, an investigation under the formal procedures may be decided upon. 
• Grievances and Disputes: If there is a formal complaint about unfair treatment, interpersonal conflicts between employees, or concerns about workplace conditions.
• Protected Disclosure: If an employee raises concerns about unethical or illegal activities within the company, an investigation may be necessary to address the issue appropriately.

Workplace investigations in Ireland are governed by a structured legal framework designed to ensure fairness, transparency, and compliance with employment laws. 

Unfair Dismissals Act 1977-2015: Establishes protections against unfair dismissal. Employers must ensure that investigations are thorough and impartial to avoid legal challenges

Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000): Provides guidelines for handling workplace disputes, ensuring employees have the right to respond to allegations and receive fair treatment throughout the process.

Employers must ensure that workplace investigations are fair and impartial to safeguard against claims under employment laws such as the Unfair Dismissals Acts 1977-2015. The S.I. No. 146/2000 – Code of Practice on Grievance and Disciplinary Procedures requires that employees receive an unbiased hearing when allegations are made against them.

To uphold procedural fairness, businesses should assess whether their investigators are sufficiently trained, skilled, and independent of the matter under review. Where internal impartiality may be difficult to achieve, outsourcing an investigation to WorkWise can be a practical and effective solution

Irish courts and the Workplace Relations Commission (WRC) consistently recognise that employers must adhere to fair procedures when dealing with allegations of misconduct, performance issues, or other disciplinary matters.

This duty arises from:

• Case law (e.g. Glover v BLN Ltd [1973] I.R. 388), which affirms that employees are entitled to fair treatment and due process.
• The principle that employment contracts carry an implied obligation of mutual trust and confidence, which is breached if an investigation is conducted in a biased or procedurally flawed manner.

Procedural Fairness in Investigations
The implied term requires that:

• Allegations are clearly communicated to the employee.
• The employee is given a reasonable opportunity to respond.
• The investigation is impartial and evidence-based.
• The outcome is proportionate and justified.

Interaction with Statutory Instruments
While the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000) is not legally binding, it is used by adjudicators to assess whether the implied term of fair procedures has been upheld. 

Consequences of Breach
Failure to honour the implied term may result in:

• A finding of unfair dismissal, even if the substantive reason for dismissal is valid.
• Constructive dismissal claims, where an employee resigns due to procedural unfairness.
• Damages for breach of contract, particularly where reputational harm or financial loss can be shown.

In practice, this means that even in the absence of a written disciplinary policy, employers must ensure that any investigation or disciplinary process is conducted in a manner that is procedurally sound, transparent, and respectful of the employee's rights. The implied term acts as a legal safety net, reinforcing the need for fairness in all employment-related decision-making.

A well-conducted workplace investigation plays a crucial role in risk management, helping businesses mitigate legal, financial, and reputational risks. Some key benefits include:

• Compliance – Ensures adherence to S.I. No. 146/2000 and employment law such as the Unfair Dismissals Acts 1977-2015 reducing the risk of claims.
• Financial Protection – Prevents costly litigation and compensation pay outs by ensuring fair procedures in investigation management. 
• Reputation Management – Demonstrates a commitment to fairness and transparency, strengthening trust among employees and stakeholders.
• Improved Workplace Culture – Encourages ethical behaviour and accountability, fostering a positive and compliant work environment.
• Stronger Decision-Making – Provides clear, evidence-based findings that support informed HR and management decisions.
• Employee Well-being – Reduces workplace conflicts and stress by addressing grievances effectively and fairly.

No, employers must follow fair procedures when dismissing an employee, including in cases of misconduct or serious misconduct. Under the Unfair Dismissals Acts 1977-2015, dismissals are presumed unfair unless the employer can demonstrate justifiable grounds and compliance with fair processes.

Under Article 40.3 of the Irish Constitution, the State is obliged to protect and vindicate the personal rights of every citizen, including the right to fair procedures. In the employment context, this constitutional guarantee reinforces the principle that no decision adversely affecting an employee's position should be made without first affording them a fair opportunity to respond.

This encompasses the right to be informed of any allegations, to review relevant evidence, and to present their version of events before disciplinary action is considered. Employers are therefore required to conduct a procedurally sound investigation and disciplinary process, marked by impartiality, transparency, and respect for natural justice, prior to making any determination that could impact an employee's continued employment.