SLOVENIA Law and Practice Contributed by: Martin Šafar, Šafar & Partners
5. Procedural Requirements and Proof 5.1 Requirements The employee must be ensured all of the rights men - tioned in 4. Protection of the Parties During an HR Internal Investigation. If these rights are not, or would not be, provided, the employer’s measure could be deemed unlawful. 5.2 Internal Regulations The employer may stipulate many provisions in its internal regulation, and in such cases, it is bound by them. Additional obligations of the employer may also arise from company-level collective agreements or sectoral collective agreements. 5.3 Burden and Degree of Proof In all of the cases mentioned in 5. Procedural Require- ments and Proof , the burden of proof lies with the employer. The standard of probability depends on the specific case. 6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation No such rules exist to govern when an HR internal investigation may be ended. 6.2 Procedure for Ending an HR Internal Investigation There are no specific legal rules once a decision to end an HR internal investigation has been made (except where the investigation results in the termination of the employment contract or a warning prior to termi - nation for just cause), although such rules can be set out in the employer’s internal regulations. In the case of an HR internal investigation concerning mobbing, harassment or discrimination – ie, a formalised pro - cedure – the employer must make a formal decision regarding its outcome. 6.3 Conclusion If the decision referred to in 6.2 Procedure for End- ing an HR Internal Investigation is made, it must be in written form.
6.4 Reports There are no specific legal rules about the information that must be included (except when the procedure ends with the termination of the employment contract, a warning, or a disciplinary sanction), but such rules can be set out in the employer’s internal regulations. In most cases, the employer’s decisions are properly justified, as only the facts presented in the decision’s reasoning may be subject to a potential later judi - cial review. In certain cases, such as proceedings to determine mobbing, harassment or discrimination, the committee may also recommend (individual or gen - eral) measures for the employer to implement in its report to management. 6.5 Information The parties in all types of proceedings have the right to receive information regarding the outcome of an HR internal investigation. It applies to the employee under investigation and, in cases of proceedings concerning mobbing, harassment, or discrimination, it applies to the reporting employee. 6.6 Communications to Authorities Except in cases where, during such an investigation, a suspicion of a criminal offence is identified that is so serious that the law requires it to be reported (to certain authorities), the employer does not have the obligation to report the conclusion of the investigation to the authorities. 6.7 Other Communications There are no other parties to whom information about the conclusion of an HR internal investigation typically is communicated, as these cases mostly involve fac - tual information that includes personal data. 6.8 Disciplinary Measures Employers always specify deadlines for individual actions in the mandatory internal regulations govern - ing internal proceedings to determine mobbing, har - assment or discrimination. The measures range from a warning or notice to, in extreme cases, summary termination of the employment contract. 6.9 Other Measures This is not common in Slovenia for employers to take other types of measures whether or not the allegations
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