The system for investigating complaints of inappropriate behaviour at work, like bullying and sexual misconduct, is often failing the people who report it and the people who are accused, the government’s commissioner for sexual misconduct and sexual violence Mariëtte Hamer on the issue has said.
A set of 30 recommendations sent to the justice minister by Hamer called for a new watchdog able to sanction investigation firms, a register of qualified investigators and tougher training. Her review follows an investigation by current affairs programme Nieuwsuur, which reported widespread concern about the quality of such inquiries.
“The harm done by a poorly conducted investigation is considerable – for the person who reported it, the accused and the organisation,” Hamer wrote. Someone can be left damaged by an accusation that is never resolved, she said, while a complainant who gets a bad investigation is worse off than if nothing had happened.
Poor regulation
Reports of misconduct have risen sharply since the 2022 scandal at the TV talent show The Voice of Holland, which prompted Hamer’s appointment, and commercial firms have moved into the work.
Around 450 of the roughly 3,000 licensed private investigation firms in the Netherlands now handle workplace misconduct, according to Nieuwsuur, a figure that is still growing.
The barrier to entry is low. Someone can begin working as an investigator after a single exam, and the law sets few concrete quality requirements, Hamer said; Nieuwsuur found a firm could be set up for €600, a certificate of good conduct (VOG) and a vocational investigator’s diploma.
That matters because the work is hard. A complex report of sexual misconduct or abuse of power is not the same as a straightforward case of theft from an employer, Hamer said, and requires specific expertise in interview technique, the law and the dealing with psychological issues around coping and shame.
What should be done
Her central proposal is to split the work into basic and specialist investigations, with separate licences and training for each, mandatory refresher courses, and a register so employers can check whether a firm is qualified for the job.
The same rules should apply to internal investigation committees, she said, and a client’s own law firm should be barred from carrying out its investigation.
Oversight should pass to a new body with real powers, she said. Supervision currently sits with the police and the justice ministry’s screening agency Justis, which Hamer said lack the capacity and expertise for it. The new organisation would house an independent complaints committee that every investigation firm would be required to join.
