When should you hire an external workplace investigator
In a modern-day workplace, multiple scenarios may lead to or trigger a workplace investigation. A conflict may arise between two employees, or between an employer and employee, and the reasons why can be unlimited. Imagine having to deal with situations like bullying, fraud, theft, inappropriate behaviour, discrimination, and more on a regular basis. Usually, employers can resolve minor problems internally. However, in many circumstances, having an employer deal directly with the issue is not the best course of action as unstructured chats could rapidly turn into arguments. For a fair and unbiased judgement, the involvement for an external investigator is essential.
All companies should strive to create an environment in which all employees are motivated with fair and equal opportunities to work. To fulfill the latter goal, accountability is required on both sides. When workplace challenges arise, a workplace investigation may be appropriate. It is important to recognize the need for an external investigation and here are some of the instances why one should go ahead. Here are 5 times when you should hire an external workplace investigator:
1. When Allegations Are Serious
Serious employee misbehaviour allegations can have serious implications. Often, people's reputations are on the line. Employees accused of misconduct may also lose their jobs or face criminal charges. To protect their rights, employees frequently insist on being represented by their own lawyer. To make these matters better, lawyers, arbitrators, courts, and tribunals scrutinise any significant complaint (especially one that involves criminal conduct). Lawyers and adjudicators will scrutinise not only the claims, but also the investigation. Employers may be held liable if the investigation is defective. A skilled and experienced investigator can perform a fair and thorough inquiry that will stand up to intensive examination in cases of serious claims.
2. When The Risk Is Higher
Business reputation may be at risk when an employee is accused of misconduct. Employers may be held liable for civil or criminal violations of law or policy by employees. In regulated sectors, an employer's operating licence may be revoked, or be subject to restrictions, corrections, or fines for employee misconduct. An external investigator who is experienced in identifying important issues, acquiring relevant information, keeping control of the inquiry, delivering impartial assessments and making useful recommendations is needed when the stakes are high. This type of study can show an employer is serious about the issue and help reduce any business and reputational losses.
3. When Biases May Follow
An investigation must be objective, and all parties must be handled equitably. An investigator with no personal or professional ties to the parties is more likely to be objective. To accuse an investigator of bias is much easier when they work for the company rather than as an independent contractor. People are more inclined to share information if they feel respected. If the inquiry is conducted fairly, the outcome will be less likely to be rejected. An independent investigator's recommendations may also be more easily implemented than employees who feel obligated to report what their supervisors want to hear.
4. When Media Is Involved
Discrimination, harassment, or abuse allegations might attract unwanted public attention. If investigators reveal facts about an investigation too early, they risk jeopardising its integrity. It's easy to imagine information being leaked when management is investigating an incident on the job. An external investigator can assist in minimising the amount of information shared both within and outside the firm. External investigators can also help employers avoid difficult questions from reporters if they are not actively participating in the investigation.
5. When a Flawed Investigation Is Conducted
While a well-done investigation can save a company money, a poorly handled investigation can have far-reaching consequences for the organisation. As a result of a biased or irresponsible investigation, employers may be subject to litigation for wrongful dismissal, infliction of emotional distress, invasion of privacy, and defamation. In some cases, even reporting employees suspected of non-violent criminal activity (such as theft or fraud) to police can be costly for employers if the allegations turn out to be false and the employee sues for malicious prosecution and punitive damages on their behalf. Hiring an independent investigator to conduct a comprehensive investigation may be beneficial in reducing the potential damages associated with legal proceedings in the future.
Every investigation is time-sensitive. Delay in starting an inquiry might lead to witnesses being unreachable, memories fading, or records being lost or destroyed. In addition, failing to investigate a complaint as soon as it is made can implicate the employer in the misbehaviour, negating the defence of due diligence. An employer's resources must be sufficient to promptly and completely investigate complaints. For an internal inquiry, this involves assigning enough staff to gather and examine all evidence rapidly. This can be difficult when internal investigators have other obligations and responsibilities that divert their attention from the investigation. When a company lacks the internal resources to perform a thorough investigation quickly, an external investigator should be hired.
If you are based out of New Zealand and are looking to hire an independent investigator in NZ, contact us today!