The article discusses workplace investigations in India. It notes that due to the subjective nature of the investigations under consideration, there is no set mechanism or strict procedure which needs to be adhered to, for conducting such investigations. The authors however discuss the broad guidelines related to requisition, review and questionnaire, investigation interviews, transcripts, and preparing the investigation report, which aids the investigation team and is to be read along with the internal policies of the concerned organization. They also note that organizations now prefer the engagement of external lawyers for such investigations, who besides providing credibility would also be well-equipped with similar exercises and prepared to discuss and advise concerned officials of the organization on the future course of action, as recommendation measures. According to the authors, proper policies need to be put in place and it is to be also ensured, that the stakeholders are made aware of the same, including any amendments thereto, as this may not only assist in creating a better work environment but also in investigating allegations later.

Audio Source: An article published on the LKS website in December 2022
Navigating a workplace investigation | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Authors:  Sudish Sharma, Executive Partner and Ayushi Agrawal, Associate