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What are workplace investigations and when are they needed?
Employee disputes and misconduct occur in all workplaces. They can have serious consequences and are often very stressful for those involved. If issues are not addressed, they may result in systemic workplace problems and ongoing costs to the employer.
When an employer has allegations of inappropriate behaviour (such as bullying, harassment or discrimination), engaging an independent investigator is an efficient and cost-effective way to get a clear answer.
An employer should carry out a thorough investigation process before responding to a complaint made by an employee. An investigation ensures the employer has all relevant information, enabling the matter to be fully considered and an informed decision can then be made. If an employer makes a decision without completing a fair investigation, there may be allegations of bias or unfairness which could leave an employer vulnerable to legal action.
We recommend that any investigation is conducted as soon as practicable after it becomes necessary. Failing to carry out an investigation quickly may be perceived as not taking the incident seriously or even condoning the behaviour. There is a risk that those involved might not clearly remember details of the incident if there is a delay in investigating the alleged inappropriate behaviour.
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Why use external independent investigators?
We are independent and impartial. We have no prior involvement with either the matter or the parties. We have no personal interest in any particular outcome. This allows us to be truly objective.
We remove the risk of actual or perceived bias. While investigations can be carried out internally, there is always a risk of bias (whether actual or perceived). Internal staff members may already have assisted the parties with the matters in dispute or advised related parties (such as the manager). They may also have or be perceived to have allegiances with certain individuals in the workplace, which affect their impartiality.
We are cost-effective. We are experienced and able to conduct an investigation in a transparent and efficient manner. We can provide an estimate of our costs and we will keep you updated as the investigation progresses.
We are efficient. Investigations need to be carried out in a timely manner to ensure matters are dealt with and resolved as quickly as possible. Often managers or human resource professionals have insufficient time to handle complex cases on top of their existing workload.
We are skilled. We have the knowledge, skills and confidence to enable us to conduct an investigation efficiently, thoroughly and with discretion. We are professional, impartial and fair to all those involved in the process.
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What is the investigator’s role?
The investigator’s role is to fairly and objectively establish the facts of the matter. This might include face to face interviews, reviewing documents and policies and any other relevance evidence. The investigator concludes what has or has not happened and prepares a report setting out his or her findings. If relevant, the report will recommend strategies to address the issues identified, based on the information obtained. It is not the investigator’s role to determine or influence the actions or decisions to be taken.
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How do we conduct our workplace investigation process?
We begin the investigation process with a high level discussion with you to determine the scope, timetable and process for the investigation.
In undertaking the investigation, we will:
conduct face-to-face or telephone interviews with all relevant people;
gather documentary evidence, such as emails, file notes and digital evidence;
review and analyse the evidence; and
draw conclusions, make findings of fact and if within the scope, comment on any apparent breach of workplace policies and procedures.
We ensure all participants in the investigation are put at ease. We build an easy and natural rapport with all those involved in the process.
We conclude the investigation with a confidential and comprehensive report clearly setting out the facts, our observations and findings and the evidence supporting the findings. We will make recommendations based on the facts, if that is part of the agreed scope. The report will be clear, concise and written in plain English.
Our report will provide a sound basis for you to make a confident and informed decision on the matter. You can be confident we will follow the rules of natural justice and procedural fairness. We will investigate the matter efficiently, thoroughly and with discretion, minimising disruption to the business and workplace.