Employment Law & HR Compliance

Workplace Investigations

Running a disciplinary or grievance investigation so its findings hold up later — before HR, at the Labour Court, or in front of the person you dismissed.

Talk to us

Tell us the situation and we will tell you what we think you should do — and what it will cost.

Who this is for

  • Employers facing an allegation of misconduct, theft or fraud
  • Companies that received a harassment or discrimination complaint
  • HR teams who must investigate a colleague they work with daily
  • Employers whose last dismissal was overturned on procedure

What we handle

Scope of work

Scoping the investigation — what exactly is being investigated, and against which rule

Choosing the investigator and keeping the decision-maker separate

Interview plans, questions and records that stand up on review

Evidence gathering within PDPA limits — devices, CCTV, email and messages

Suspension during the investigation, done on the right terms

A written report with findings, and the options each one leaves open

How it works

How we run the matter

  1. Assess the allegation and the rule it engages, and start the clock
  2. Agree the scope, the investigator and any suspension
  3. Secure the evidence before it can be altered
  4. Interview the witnesses, then the employee, on the record
  5. Deliver a written report with findings and options
  6. Support the decision that follows — warning, discipline or dismissal

Documents to prepare

  • The complaint or report that started it
  • The employee’s contract and the workplace rules in force
  • Previous warnings and the personnel file
  • The evidence gathered so far, and where it came from
  • The date the company first learned of the allegation

Common questions

Because at the Labour Court the question is rarely whether it happened — it is whether the employer established that it happened, fairly, before deciding. Dismissals fail on procedure far more often than on facts, and an investigation done in two days is far cheaper than reinstatement or compensation a year later.
Dismissal without severance on serious-misconduct grounds is possible, but it is time-limited and form-bound: the ground must be stated in writing at dismissal, and the law sets a window after the employer learns of the misconduct within which action must be taken. Investigating properly and acting late are both fatal, which is why the investigation is planned against that clock from day one.
Often yes, but not without limits — the basis for processing, what the employment documents and privacy notice already told staff, and proportionality all matter, and personal data swept up along the way carries its own obligations. Evidence obtained the wrong way can be worth less than no evidence, because it hands the employee a separate complaint.
Sometimes it is necessary — where evidence or colleagues could be affected — but suspension is regulated: it needs a basis in the work rules, written notice, a defined period and payment during it. Suspension treated casually turns into an unlawful deduction claim on top of the original matter.
Yes — as an external investigator, which also removes the awkwardness of HR investigating a colleague and the perception of a predetermined outcome. Alternatively we brief and supervise your own investigator. Either way the decision stays with the company: our report gives findings and options, not the dismissal. That decision, and the payments attached to it, sit with our Employee Discipline & Termination page.

Official sources

The Thai authorities and legislation this work is carried out under. Requirements change; we confirm the current position for your matter.

  • Department of Labour Protection and Welfare, Ministry of Labour
  • Labour Protection Act B.E. 2541 (1998)
  • Social Security Office — contributions and benefits
  • Labour Court — jurisdiction over employment disputes

Speak to a lawyer

Legal problems are easier to manage when addressed early.