A recent high-profile case involving a Singapore listed company has turned the spotlight on corporate governance and employee duties. Several interesting and important questions in the context of internal investigations have arisen for comment:
- What are the duties of management personnel in response to a whistleblower report?
- Is it appropriate for management to be involved in internal investigations?
- What is considered a truly independent investigation?
- What is a decision-maker or fact-finder entitled to consider in the deliberation process?
- Can a decision-maker be held liable for arriving at the “wrong” conclusion?
- Is there an evidentiary threshold akin to the civil courts’ standard of “balance of probabilities” that applies in internal investigations?
There are no easy or straightforward answers. Having worked as Investigations Counsel or Independent External Investigator, we have seen how the investigations process, many times more so than substance, is key to establishing a credible corporate governance framework. The recent case in point underscores why genuine independence in an investigation is crucial from a governance viewpoint, as it is sometimes that that the “threats from within” are harder to tackle than external threats.
While most employment disputes connected with internal investigations present themselves as objections to the investigation procedure, the substance and content of the investigation can also come under scrutiny. This guide serves as a timely reminder of the key dos and don’ts when conducting an internal investigation.*
*This guide provides general guidance only and is not legal advice: the law and practice on investigations varies between countries and we would always recommend that you obtain legal advice from your usual Bird & Bird contact for specific cases. This guide provides general guidance only and is not legal advice: the law and practice on investigations varies between countries and we would always recommend that you obtain legal advice from your usual Bird & Bird contact for specific cases.
For further information, please contact:
Seow Hui Goh, Partner, Bird & Bird
seowhui.goh@twobirds.com
