GREECE Trends and Developments Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Dorianna Sarri, POTAMITISVEKRIS
visions for support and protection in cases related to domestic violence. Correspondingly, disciplinary con - sequences for such conduct are now directly linked to the content of the internal employment regulation, where such regulation exists. Whistle-Blowing as a Parallel Investigation Framework Shortly thereafter, Law 4990/2022 introduced a par - allel investigation environment through the whistle- blowing regime, establishing internal reporting chan - nels, a designated person (Whistle-Blowing Officer), and specific deadlines for follow-up and feedback. In practice, the distinction is not merely formal but functional: whistle-blowing is not an HR process; it is a compliance process, with strict requirements relat - ing to confidentiality, documentation, follow-up, and protection against retaliation. This creates recurring operational friction. A single report concerning workplace conduct may simulta - neously fall within: (i) violence and harassment; (ii) whistle-blowing; or (ii) general misconduct. Map - ping the “correct channel” – and the appropriate role allocation – becomes part of the investigation itself: identifying the case owner, determining who decides on interim measures, defining which information may be disclosed and to whom, and safeguarding the reporter’s identity without undermining the accused person’s right to be heard and to defend themselves. Interim Measures and the Duty of Care One of the most practical and sensitive issues in inter - nal investigations – increasingly encountered in prac - tice – concerns interim measures. In cases of violence or harassment, the employer bears a duty of care: to protect the working environment, prevent escalation, and ensure that there is no interference with witnesses or secondary victimisation. At the same time, the employer owes a duty of care to the accused individual: protection of personality and reputation, disclosure of information strictly on a need-to-know basis, and, above all, avoidance of measures that may appear to prejudge guilt before sufficient evidence has been gathered. The approach gaining traction in practice involves measures that are proportionate, temporary, documented, and revers -
ible (such as changes in reporting lines, temporary removal from a specific team or location, remote work, or, in exceptional cases, paid leave), clearly justified as safeguards for the integrity of the process rather than punitive actions. The Role of the Labour Inspectorate and Evolving Case Law Although Greece does not yet have a mature statisti - cal ecosystem of published data on internal investi - gations, a broader effort is underway to collect and standardise the handling of complaints through com - petent authorities and specialised procedures. In this context, the Independent Authority “Labour Inspec - torate” has begun to function as a de facto reference point for assessing whether an investigation is defen - sible once a matter exits the confines of the organisa - tion. Law 4808/2021 links the protection of labour with the establishment of the Independent Authority and incorporates a dedicated framework for violence and harassment, including a specialised monitoring unit. Greek case law remains largely at first instance and appellate court level, but it demonstrates a converg - ing approach. Where an infringement of personality rights is upheld, courts typically award moral dam - ages ranging between EUR5,000 and EUR8,000, with significantly higher awards – reaching or exceeding EUR15,000 – where the infringement is combined with an abusive and thus invalid dismissal. Converse - ly, claims are dismissed where it is established that the employer acted promptly and adequately, taking appropriate protective measures and conducting a properly documented investigation. Equally important is the reverse side of case law. Thus, the court dismisses claims when it considers that the employer has taken the necessary and appropriate measures to protect the personality of the individuals concerned. In such cases, factors such as the follow - ing play a decisive role: • the existence and activation of internal policies and procedures; • the employer’s immediate response upon becom - ing aware of the incidents; • the conduct of an internal investigation based on a basic but coherent methodology;
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