Do I need an independent workplace investigator?

Whenever a manager receives a verbal or formal written complaint, there is a range of thought processes, lines of questioning, evidence and facts that need to be collected.

Whether an investigation is conducted internally or externally, it must adhere to natural justice principles, confidentiality, rules of evidence, legal and policy compliance, and health and safety regulations. These standards help to ensure a fair and equitable process for all and allow an organisation to respond with the appropriate action.

Conducting an investigation internally will have some advantages – the internal investigator (staff member) understands the unique culture of the organisation, knows the parties involved, and is in an appropriate role to make recommendations and implement decisions.

However, internal workplace investigations are prone to accusations of lack procedural fairness, transparency or perceived conflict of interest.

5 reasons to hire an independent workplace investigator:

1. Lack of Internal Expertise or Resources. If your organisation doesn’t have staff trained in investigations and report writing, or if it’s not feasible to divert limited internal resources from their core duties, attempting to manage the process internally can increase your risk exposure. Engaging an independent investigator ensures the process is handled professionally and thoroughly.
   

2. Need for Objectivity and Independence. Internal staff, such as HR, may feel uncomfortable or unable to approach the investigation with full impartiality. This is especially critical if the person handling the complaint has a perceived or actual conflict of interest. Using an independent investigator helps ensure fairness and reduces the risk of perceived or actual bias.
   

3. Involvement of Senior Personnel. If the complaint involves a CEO, executive, or Board member, it is particularly important to ensure independence and objectivity. In such cases, an external investigator offers the neutrality and credibility needed to manage the process appropriately and maintain trust in the outcome.
   

4. Urgency and Process Integrity. An external investigator can manage the process efficiently and within appropriate time frames. Timely resolution helps minimise disruption, protects staff wellbeing, and maintains organisational morale and reputation.
   

5. Potential Legal or Regulatory Scrutiny. When an investigation report may be reviewed by external bodies, such as courts, unions, insurers, or workers’ compensation authorities, it is critical that the investigation is conducted with rigour and professionalism. Independent investigators ensure that the process and report are robust, defensible, and meet third-party expectations.

The Australian Human Rights Commission’s Set the Standards report confirms that independent, unbiased systems of reporting and investigating incidents are key to fostering a respectful workplace.

WorkPlacePLUS has a qualified team of consultants with extensive experience in conducting unbiased evidence-based workplace investigations.

We can ensure your compliance with employment laws and work, health and safety regulations while you continue to focus on your day-to-day operations.

Our consultants are trained private investigators and experts in remaining focused and sensitive throughout the entire process. We can even assist in restoring team harmony and productivity after the investigation.

For more information, please contact us today.