Workplace investigations can be difficult for employers to navigate, particularly where they involve allegations of bullying, harassment, dishonesty, or other serious misconduct. Employers must address the concerns raised while ensuring the process is fair to all employees involved.
A properly conducted investigation can establish what occurred, provide a reliable basis for the employer’s next steps and reduce the risk of a personal grievance. However, an investigation that is rushed, uncertain or affected by bias can create further problems.
An external investigator can provide appropriate distance from the issues and apply a proper process.
When should an employer bring in an independent investigator?
An independent investigator may be appropriate where:
- The allegations are serious, sensitive or strongly disputed.
- The complaint involves a senior employee or someone who would ordinarily manage the process.
- There is an actual or perceived conflict of interest.
- Several complainants, witnesses or events are involved.
- The credibility of those involved will be central to the outcome.
- The employer does not have the internal capacity or expertise to conduct the investigation.
What does an independent workplace investigation involve?
The investigation process will depend on the circumstances but will generally involve:
- Preparing clear terms of reference defining the allegations and scope of the investigation.
- Reviewing relevant documents, policies and electronic records.
- Interviewing the complainant(s), respondent(s) and relevant witnesses.
- Giving affected parties a fair opportunity to respond to the allegations.
- Assessing the evidence impartially.
- Providing a written report containing clear findings and reasons.
What happens after the investigation?
The investigator makes independent findings based on the evidence. The employer decides and remains responsible for any disciplinary or other employment decisions that follow.
Independent workplace investigations at Harmans
Harmans’ employment law team can conduct independent workplace investigations on behalf of employers. We tailor each investigation to the seriousness and complexity of the matter, with a focus on providing a process that is independent, timely and fair to all participants.
If you have received a workplace complaint or would like advice about whether an independent investigation is appropriate, please contact a member of our employment law team.
