BRAZIL Law and Practice Contributed by: Patricia Barboza, Alinne Gordilho and Amanda Costa, CGM Advogados
more contentious issue. Such actions are particularly problematic if the owner of the equipment or service has not provided prior written authorisation. 4. Protection of the Parties During an HR Internal Investigation 4.1 Protection of the Reporter As a general rule, employers are not expected to take specific measures to protect the reporter, as the entire investigation process is typically conducted confiden - tially. However, depending on the nature of the issue under investigation, the employer may implement exception - al measures to safeguard the reporter. These could include reassigning the reporter to a different work sector, permitting remote work, granting holiday or paid leave, or arranging private transportation to and from work. While there is no legal obligation to take such steps, these measures should be carefully evalu - ated on a case-by-case basis, guided by the employ - er’s general duty to maintain a safe and healthy work environment and prevent retaliation. There are no adverse legal consequences for employ - ers who adopt measures to protect the reporter. Con - versely, failure to provide reasonable protection in cas - es of serious complaints could expose the employer to significant risks. These may include labour lawsuits filed by the reporter seeking compensation for pain and suffering, supported by evidence of harm caused by the employer’s failure to take appropriate protec - tive measures. 4.2 Protection of the Respondent As a general rule, employers are not expected to take specific measures to protect the respondent, as the entire investigation process is typically conducted confidentially. However, depending on the nature of the issue under investigation, the employer may implement excep - tional measures to safeguard the respondent. These could include reassigning the reporter to a different work sector, permitting remote work, granting holi - day or paid leave, or arranging private transportation
to and from work. While there is no legal obligation to take such steps, these measures should be care - fully evaluated on a case-by-case basis, guided by the employer’s general duty to maintain a safe and healthy work environment and prevent retaliation. There are no adverse legal consequences for employ - ers who adopt measures to protect the respondent. Conversely, failure to provide reasonable protec - tion in cases of serious complaints could expose the employer to significant risks. These may include labour lawsuits filed by the reporter seeking compen - sation for pain and suffering, supported by evidence of harm caused by the employer’s failure to take appropriate protective measures, such as if there is a breach of confidentiality about the investigation and the respondent is exposed as being accused of mis - conduct before their peers during the investigation, and no misconduct is evidenced. 4.3 Measures Against the Respondent Disciplinary measures against the respondent may be applied by the employer before the conclusion of an HR internal investigation if the misconduct is unrelated to the investigation or if the respondent attempts to obstruct or jeopardise the investigation process. However, it is generally advisable to wait until the investigation is completed before taking disciplinary action related to the matter under investigation. 4.4 Protection of Other Employees As a general rule, employers are not expected to take specific measures to protect the other employees co- operating with the investigation, as the entire inves - tigation process is typically conducted confidentially. However, depending on the nature of the issue under investigation, the employer may implement excep - tional measures to safeguard such individuals. These could include reassigning the reporter to a different work sector, permitting remote work, granting holi - day or paid leave, or arranging private transportation to and from work. While there is no legal obligation to take such steps, these measures should be care - fully evaluated on a case-by-case basis, guided by the employer’s general duty to maintain a safe and healthy work environment and prevent retaliation.
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