As an HR professional or manager, you be responsible for managing or conducting workplace investigations involving claims of inappropriate employee behaviour. These can include:
These situations can be complicated and might expose your organization to complaints under Human Rights or Occupational Health and Safety legislation and may even lead to lawsuits. A thorough, impartial investigation can reduce these risks, minimize the chance of legal action, and show your organization’s commitment to handling the issue properly.
Some organizations may have the internal resources to handle investigations effectively, but doing so can introduce significant risks. In some cases, internal teams may not be able to conduct a prompt or thorough investigation or may have an existing relationship with one of the parties involved. When deciding whether to bring in an external investigator, here are a few things to consider:
Each investigation presents its own challenges, with different types of misconduct requiring different skills. An experienced investigator:
Each investigation presents its own challenges, with different types of misconduct requiring different skills. An experienced investigator:
Who conducts the investigation depends on the circumstances. HR professionals often lead these investigations, but if the issue requires extra neutrality, it may be appropriate to bring in an external consultant. If needed, legal counsel can step in, but they won’t be able to represent the company if the issue turns into a lawsuit. Sometimes, an experienced external investigator can offer the best support.
Who conducts the investigation depends on the circumstances. HR professionals often lead these investigations, but if the issue requires extra neutrality, it may be appropriate to bring in an external consultant. If needed, legal counsel can step in, but they won’t be able to represent the company if the issue turns into a lawsuit. Sometimes, an experienced external investigator can offer the best support.
Choosing an investigator who is neutral and unbiased is critical. External investigators can often provide a fresh, objective perspective that ensures fairness.
It’s important to act quickly when investigating claims. Doing so not only shows the complainant that their concerns are taken seriously, but it also ensures you gather the facts while they are still fresh. When deciding whether to use an internal or external investigator, think about their availability to start immediately, without being slowed down by other workplace priorities.
In more serious cases, external investigators can bring much-needed expertise. You may want to bring in external help if:
External investigators have the expertise to conduct interviews, prepare reports that can stand up in court, and keep operations running smoothly. Bringing in an external investigator shows that your organization is serious about resolving the issue and ensuring a fair process for everyone involved.
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