The Risks of Untrained HR Managers in Workplace Investigations

In any Australian workplace, it’s vital that investigations into employee complaints are handled fairly, thoroughly, and in accordance with the law. However, HR managers who lack the necessary training and experience in conducting workplace investigations can inadvertently cause more harm than good. This case study explores the risks of untrained HR managers handling investigations and the benefits of engaging an experienced external workplace investigator to ensure a fair and compliant process.

Case study on a real investigation gone wrong

Why Workplace Investigations Are Crucial in Australian Workplaces

Workplace investigations play a crucial role in resolving employee complaints, ensuring compliance with workplace laws, and maintaining a positive work environment. In Australia, issues such as bullying, harassment, and discrimination are governed by the Fair Work Act 2009, and failure to address these matters appropriately can lead to serious consequences, including legal claims and reputational damage.

Whether it’s a bullying complaint or allegations of unfair treatment, handling the investigation process correctly is essential to achieving a fair outcome for all parties involved.

The Risks of Handling Workplace Investigations Internally Without Expertise

HR managers, particularly those without formal training in workplace investigations, may struggle to conduct investigations impartially. This can lead to poor decision-making, biased conclusions, or even the mishandling of sensitive information. Here are some key risks:

  • Lack of Legal Knowledge: HR managers without training may not fully understand the legal frameworks and obligations surrounding workplace investigations, leaving the organisation exposed to legal risks.
  • Bias and Lack of Objectivity: Untrained HR professionals may have personal biases that affect the investigation’s fairness, leading to an unjust outcome for either the complainant or the respondent.
  • Inadequate Documentation: HR managers unfamiliar with the process may fail to keep thorough records, which are essential for legal compliance and future reference.
  • Reputation Damage: Mishandling an investigation can tarnish the company’s reputation, affect employee morale, and lead to a loss of trust in HR processes.

The Case Study: An Investigation by an Untrained HR Manager

A medium-sized Australian company recently faced a harassment complaint following an office dispute between two employees. The company’s HR manager, untrained in formal investigations, was tasked with handling the case.

The HR manager conducted informal interviews with both the complainant and the alleged offender. However, without following established procedures, including documenting responses and maintaining confidentiality, the investigation was biased. The HR manager also failed to consider relevant witness statements, resulting in a conclusion that was not supported by the evidence.

This mishandling of the investigation led to a lawsuit, a damaged company reputation, and a significant decline in employee trust in HR processes.

How a Professional External Investigator Can Improve Workplace Investigations

Hiring an external workplace investigator offers several advantages over relying on untrained HR managers. Here’s how:

1. Expert Knowledge of Legal Requirements
Professional workplace investigators are well-versed in the Fair Work Act 2009 and other relevant legislation, ensuring that all aspects of the investigation comply with legal standards.

2. Objective and Unbiased Investigation
External investigators bring impartiality to the table, preventing any potential conflicts of interest or bias that might arise when HR staff are personally involved in the situation.

3. Thorough Documentation
External investigators ensure that all interviews and evidence are properly documented. This creates a clear, auditable trail that protects the organisation in case the matter escalates to legal proceedings.

4. Confidentiality
Confidentiality is paramount in any investigation. External investigators ensure that sensitive information is kept secure and that the privacy of all parties involved is respected.

Key Benefits of Engaging a Professional Workplace Investigator

  1. Legal Protection: By hiring an experienced investigator, you minimise the risk of legal repercussions associated with mishandling investigations.
  2. Fair Outcomes: Professional investigators are skilled in gathering and evaluating evidence to ensure a fair and balanced outcome.
  3. Employee Trust: Using an external investigator can rebuild trust with employees, who may be sceptical of internal investigations.
  4. Time and Resources: An experienced investigator can handle the entire process efficiently, saving time and reducing the burden on HR staff.

How to Improve Your Organisation’s Investigation Practices

To avoid the risks of untrained HR managers handling workplace investigations, consider these proactive steps:

  • Training HR Managers: Invest in comprehensive training for HR managers so they understand the importance of fairness, objectivity, and legal compliance in investigations.
  • Develop Clear Policies: Establish workplace investigation policies that outline the process, confidentiality requirements, and how to handle complaints effectively.
  • Engage External Experts: For sensitive or complex matters, engage external investigators who can offer the necessary expertise and impartiality.

Conclusion: The Importance of Expert Guidance in Workplace Investigations

While internal HR managers play a key role in resolving workplace complaints, it’s crucial that they have the proper training and expertise. In cases where HR managers are untrained, an external workplace investigator is invaluable in ensuring a fair, thorough, and legally compliant process.

If your organisation is facing a workplace investigation, don’t risk getting it wrong. Contact an experienced investigator today to guide you through the process and help protect your business, reputation, and employees.

For expert advice and support, contact David Haydon on 0409 400 118 or email dhaydon@erfocus.com.au.

Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute legal advice. Workplace investigations should be conducted in compliance with applicable laws and regulations. For specific guidance or assistance with workplace investigations, it is recommended to consult a qualified professional or external investigator.