Workplace investigations are to protect your business’ interests and the people who work in your business and should be done by a professional. There are no rules or laws which prevent a manager from conducting workplace investigations, but internal investigations can lead to either staff or legal complications later down the line. This is especially true for industries such as disability service providers, schools, medical centres and aged care where your employees are caring for others.
When should you get an external investigator?
- When the allegations are serious.
Small allegations or general misconduct can usually be dealt with on a matter-by-matter basis by a manager. This may be either coming in to work late or using unprofessional language. Usually such scenarios can be dealt with by a simple conversation.
Serious allegations such as sexual inappropriateness or bullying are a different matter. There may be serious legal consequences for your business if such a matter is not investigated appropriately and in a timely manner.
An experienced external investigator can devote the appropriate amount of time to the investigation, whilst using years of experience to come to the appropriate conclusion. The investigator will be able to give you the appropriate recommendation and guide you through the next steps.
- To avoid potential appearances of bias
If a manager investigates a complaint themselves, they may be accused of having bias one way or another and this can create expensive legal dramas in terms of an unfair dismissal claim. Such a claim can cost tens of thousands of dollars and countless hours of your time.
An external investigator will not be accused of bias as they do not have experience with the people in the business and have no stake in which way they conclude the matter.
- Seniority of the complainant or respondent
If one of the parties is a senior member of a business, there may be problems with power and seniority to investigate a matter appropriately. Managers may be swayed by such circumstances, or their conclusions may be seen to have been persuaded one way or another due to the power imbalance.
An external investigator is not a part of the business and has the ultimate authority to investigate a claim thoroughly. This protects business interests and allows for natural justice and fairness to take place throughout all proceedings.
How to Proceed:
If you believe that you need an external investigator for any of the above reasons, contact an expert in the field for their opinion. As said above, external investigators can save your business money and time both during an investigation and after, by avoiding potential legal trouble.
