Did you Know? Workplace Investigations

We are pleased to present our Second Quarterly update for 2025, which delves into the important topic of Workplace Investigations. This update aims to provide valuable insights and high-level practical guidance to help you understand the complexities of conducting investigations in the Israeli workplace.

Understanding the legal framework and adhering to best practices is essential for conducting effective and lawful investigations. Knowing when to seek legal counsel is crucial to ensure compliance and mitigate risks. Additionally, handling investigations with sensitivity and respect for all parties involved is paramount to maintaining a positive workplace environment. A well-conducted investigation, even if its results are not favourable to one party or another, demonstrates to employees that the employer is committed to a safe work environment and significantly reduces legal risks.

Are workplace investigations regulated by local law?

Interestingly, almost not at all. In fact, the only field in which investigations are specifically regulated by local law is the investigation of sexual harassment and related retaliation complaints. This does not mean that investigations into other issues should not be conducted by employers or that there are no legal rules covering these matters. In other cases, general law will apply, including the employer’s obligation to ensure a safe work environment for all employees.

Did you know? Even if an employer has a comprehensive procedure for conducting investigations, including those related to complaints of sexual harassment, this procedure cannot override the provisions of local law. Investigations in this area must be conducted in accordance with local law and the specific regulations for the prevention of sexual harassment, which are based on legal provisions. As an example, complaints related to sexual harassment or retaliation in relation thereto, must, generally, be investigated by an employer’s Appointee (appointed by the employer for the prevention of sexual harassment and, amongst others, responsible for investigating complaints on the matter).

Did you know? In workplaces governed by a collective bargaining agreement (CBA), it is customary to establish a mechanism for disciplinary offenses within the framework of the CBA.

Principles for conducting an investigation of a complaint in the workplace:

As a general rule, it is recommended, and often required by law, to investigate every complaint submitted to the employer, and sometimes even if the employer has only been informally made aware of the complaint (in cases of sexual harassment complaints, this is statutorily required).

It is very important to check whether the employer has an internal procedure regarding investigations, which must be followed as with all company procedures. It is not unusual for international companies to have a detailed procedure on the matter and sometimes also a dedicated professional investigation team to handle matters in all territories.

However, it is crucial to consult with a local attorney to ensure that the instructions for managing and conducting the investigation comply with local law. For example, locally, it is crucial to maintain the dignity and privacy of the parties involved, give the accused a proper opportunity to respond to the allegations made against him, conduct oneself in good faith, and adhere to the principle of equality during the investigation.

Did you know? When conducting investigations, the cultural element is often crucial for understanding complaints and testimonies. Even if not required by law, it is advisable to involve local counsel, as some nuances can be “lost in translation”.

What are the most common complaint topics in Israel?

Apart from sexual harassment complaints, and despite the absence of specific legislation on the matter (unlike the laws addressing the prevention of sexual harassment), workplace harassment is a well-known cause of action and is frequently brought before the labour courts.
This is one of the topics where the number of complaints is increasing. Since there is no law that mandates a specific way to conduct an investigation (again, unlike sexual harassment), employers have more flexibility. However, all the rules mentioned above apply here as well, including the importance of checking if there is a procedure on the subject that the employer must follow, ensuring it does not contradict local law provisions.

Did you know? Many employers in Israel conduct investigations into workplace harassment in a manner very similar to the procedures required by law on sexual harassment investigations, even though there is no legal obligation to do so.

Do employees have a right to be represented during investigations?

Generally, there is no right to legal representation during this stage of the process, which is a factual, rather than a legal stage. There is also no obligation to invite individuals ahead of time to the investigation. However, any request for legal representation should be evaluated based on its merits and specific circumstances, including any relevant employer procedures that may contractually grant such a right.

Did you know? If the investigation concludes with the consideration of terminating the accused party, a hearing process must be conducted. During this stage, the accused employee has the right to be represented by a lawyer, as this is a legal stage, governed by specific rules.

Is there a legal obligation to share the investigation material with the involved parties?

The Prevention of Sexual Harassment Law has clear rules. The law states that the employer must provide a reasoned written decision to the complainant, the accused, and the Appointee. Additionally, the employer is required to allow the complainant and the accused to review the Appointee’s summary and recommendations portion of the investigation report. There is no statutory entitlement to receive other material.

Regarding workplace harassment, the labour courts generally expand the right of the complainant and the accused to review relevant information. However, each case is determined based on the applicable circumstances. In this context, it is very important to manage the investigation and draft the report while maintaining the privacy of the complainant, the accused, and any other involved party. This may include instructing all parties involved not to discuss the matter with anyone other than the Appointee/investigator and, sometimes, redacting the names of the involved parties in relevant cases.

Did you know? When discussing an investigation of sexual harassment, the National Labour Court introduced the concept of “relative privilege” for investigation documents gathered under the Prevention of Sexual Harassment Law. The court noted that the law requires confidentiality but is silent on privilege. It established a “relative privilege” for these documents, emphasizing the public interest in maintaining privilege to ensure effective investigation procedures for sexual harassment complaints. However, this privilege is not absolute and may be lifted if the need to disclose evidence for justice outweighs the reasons for maintaining the privilege. Under such rule, any disclosure should be limited to the necessary extent.

Characteristics of an International Investigation:

In today’s globalized world, complaints often involve individuals from multiple jurisdictions, giving the investigation an international dimension. In such cases, it is crucial to seek advice from all the jurisdictions involved to ensure the investigation meets the necessary conditions in each jurisdiction, thereby safeguarding its legality and integrity. Practicality is key in finding the right approach for international investigations.

Did you know? Even if the investigation is international and the investigator does not speak Hebrew, it is advisable to ask the local employee at the beginning of the investigation, if they agree to the interview being conducted in a foreign language and if they understand it well. Including their consent in the interview protocol can help prevent future claims of misunderstanding or lack of approval. Learning from past cases can greatly improve the conduct of future investigations.

Meet Our Investigation Practice

As part of a leading commercial law firm, the Labour and Employment Law Department at Herzog provides comprehensive coverage of all areas of employment law, including, recruitment, employment terms and conditions, HR policies, equal opportunities, M&As and transactional work, immigration, prevention of sexual harassment, termination of employment, restrictive covenants and compensation/separation packages.

We would like to take this opportunity to introduce you to our Investigation Practice. Our team assists companies with investigations on various topics, including sexual harassment, workplace harassment, whistleblowers, and more. Our expertise includes both local and international investigations. We support employers based im their specific needs and requirements by accompanying their internal investigations, providing essential local legal and cultural input required for the investigation and/or conducting investigations on their behalf (if they choose to delegate this authority).

If you are interested in further details, please contact us – shaked@herzoglaw.co.il

The Labour & Employment Department

Herzog, Fox & Neeman