When to Hire an External Investigator

As an HR professional or manager, you be responsible for managing or conducting workplace investigations involving claims of inappropriate employee behaviour. These can include:

  • A formal harassment or discrimination complaint filed by an employee
  • Allegations of inappropriate workplace conduct
  • A workplace environment that has become dysfunctional or “toxic”

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:

Skills and Expertise

Each investigation presents its own challenges, with different types of misconduct requiring different skills. An experienced investigator:

  • Understands the laws and regulations relevant to the situation
  • Knows how to gather and assess information efficiently, ensuring the investigation is completed in a timely manner
  • Is prepared to meet the requirements if the case moves forward to court or a tribunal

Each investigation presents its own challenges, with different types of misconduct requiring different skills. An experienced investigator:

Impartiality

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.

  • Are there any prior relationships between the investigator and the people involved?
  • Could the investigator’s role within the organization create a conflict of interest?
  • Are there any real or perceived biases that could affect the outcome?

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.

Timeliness

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.

Severity

In more serious cases, external investigators can bring much-needed expertise. You may want to bring in external help if:

  • Government agencies (e.g., Human Rights Tribunal, Ministry of Labour) are involved
  • There’s a high risk of lawsuits or additional investigations
  • Multiple employees report the same serious issue (e.g., systemic racism, bullying, or a toxic work environment)
  • The issue involves a senior or high-ranking employee
  • The complaint has attracted media attention
  • The complainant has hired legal counsel, filed a lawsuit, or made a formal government complaint
  • The issue is serious enough to harm your organization’s reputation
  • The need for impartiality is especially important

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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We specialize in helping businesses create safer, more respectful work environments.

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Tips for Conducting a Workplace Harassment Investigation

When workplace harassment issues arise, it’s important that they are investigated and resolved fairly and completely. HR professionals often lead these investigations, but it’s important to follow a clear process. Here are some practical tips to ensure the investigation is thorough and objective.

When to Investigate

A formal investigation is necessary when there’s a serious risk of harm—whether to individuals or the company itself. This could include the threat of lawsuits, public relations issues, or workplace violence. An investigation is also required when there are potential violations of company policies or laws.

Who Should Lead the Investigation?

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.

Things to Consider Before Starting

Here are a few key steps:

Confidentiality: Remind everyone involved about the importance of confidentiality and the risks of interfering with the process, including reprisals.

Workplace Adjustments: If the complainant and respondent can’t work together during the investigation, consider temporary changes, like altering workspaces or allowing remote work.

Check Company Policies: Make sure you’re familiar with any company-specific policies that guide the investigation process, so everything aligns with internal expectations.

Conducting the Investigation

Interview Process: Ideally, two people should attend each interview—one to ask questions and the other to take notes. Start by interviewing the complainant, followed by the respondent, and then witnesses. Make sure the respondent has the chance to respond after all others have been interviewed.

Written Statements: If witnesses prefer to submit written statements, ensure they are signed and dated to keep everything clear.

Ongoing Evidence: Let all the parties know they can share new information if they recall something important after the interview.

Writing the Investigation Report

After all the interviews, it’s time to put together an investigation report. The report should:

  • Summarize the situation and key findings.
  • Evaluate the credibility of witnesses and their statements.
  • Provide conclusions based on the evidence and, if needed, offer recommendations for moving forward.

Generally, the full report won’t be shared with the parties involved, unless it leads to a legal action. However, you can share the conclusions and any necessary next steps with the complainant and respondent to keep them in the loop.

Recommendations

Depending on the issue, your recommendations may vary. Some options might include:

  • Direct discussions between the parties
  • Mediation or conflict resolution sessions
  • Staff training on relevant topics
  • Moving an employee to a different role or location
  • Offering apologies or counseling
  • Disciplinary action, such as termination (with or without cause)

Key Principles for a Smooth Investigation

  1. Confidentiality: Keep everything confidential throughout the process.
  2. Impartiality: Stay neutral and avoid jumping to conclusions until you’ve reviewed all the evidence.
  3. Follow a Clear Process: Stick to your company’s policies or guidelines to ensure everything is handled properly.
  4. Give Everyone a Voice: Ensure all involved parties have the chance to explain their side of the story.
  5. Respondent’s Right to Reply: Make sure the respondent has the opportunity to address all allegations made against them.

By following these steps, HR professionals can carry out investigations that are fair, transparent, and ultimately in the best interest of the employees and the company.

We can help you today!

We specialize in helping businesses create safer, more respectful work environments.

Please complete the form below and we will get back to you shortly.

Tips for Conducting a Workplace Harassment Investigation

When workplace harassment issues arise, it’s important that they are investigated and resolved fairly and completely. HR professionals often lead these investigations, but it’s important to follow a clear process. Here are some practical tips to ensure the investigation is thorough and objective.

When to Investigate

A formal investigation is necessary when there’s a serious risk of harm—whether to individuals or the company itself. This could include the threat of lawsuits, public relations issues, or workplace violence. An investigation is also required when there are potential violations of company policies or laws.

Who Should Lead the Investigation?

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.

Things to Consider Before Starting

Here are a few key steps:

Confidentiality: Remind everyone involved about the importance of confidentiality and the risks of interfering with the process, including reprisals.

Workplace Adjustments: If the complainant and respondent can’t work together during the investigation, consider temporary changes, like altering workspaces or allowing remote work.

Check Company Policies: Make sure you’re familiar with any company-specific policies that guide the investigation process, so everything aligns with internal expectations.

Conducting the Investigation

Interview Process: Ideally, two people should attend each interview—one to ask questions and the other to take notes. Start by interviewing the complainant, followed by the respondent, and then witnesses. Make sure the respondent has the chance to respond after all others have been interviewed.

Written Statements: If witnesses prefer to submit written statements, ensure they are signed and dated to keep everything clear.

Ongoing Evidence: Let all the parties know they can share new information if they recall something important after the interview.

Writing the Investigation Report

After all the interviews, it’s time to put together an investigation report. The report should:

  • Summarize the situation and key findings.
  • Evaluate the credibility of witnesses and their statements.
  • Provide conclusions based on the evidence and, if needed, offer recommendations for moving forward.

Generally, the full report won’t be shared with the parties involved, unless it leads to a legal action. However, you can share the conclusions and any necessary next steps with the complainant and respondent to keep them in the loop.

Recommendations

Depending on the issue, your recommendations may vary. Some options might include:

  • Direct discussions between the parties
  • Mediation or conflict resolution sessions
  • Staff training on relevant topics
  • Moving an employee to a different role or location
  • Offering apologies or counseling
  • Disciplinary action, such as termination (with or without cause)

Key Principles for a Smooth Investigation

  1. Confidentiality: Keep everything confidential throughout the process.
  2. Impartiality: Stay neutral and avoid jumping to conclusions until you’ve reviewed all the evidence.
  3. Follow a Clear Process: Stick to your company’s policies or guidelines to ensure everything is handled properly.
  4. Give Everyone a Voice: Ensure all involved parties have the chance to explain their side of the story.
  5. Respondent’s Right to Reply: Make sure the respondent has the opportunity to address all allegations made against them.

By following these steps, HR professionals can carry out investigations that are fair, transparent, and ultimately in the best interest of the employees and the company.

We can help you today!

We specialize in helping businesses create safer, more respectful work environments.

Please complete the form below and we will get back to you shortly.