When a workplace issue arises, handling it properly is crucial to maintaining trust, morale, and compliance with legal obligations. Choosing the right workplace investigator can make all the difference in resolving issues effectively and fairly. This guide outlines the key steps for HR managers and business owners to select the ideal investigator for their organisation.
What is a workplace investigator?
A workplace investigator is a professional tasked with conducting impartial investigations into workplace issues such as misconduct, harassment, or disputes. Their role is to gather facts, assess evidence, and provide a clear, unbiased report that helps resolve the matter.
Why choosing the right investigator matters
Hiring the wrong investigator can lead to:
- Biased findings
- Escalation of workplace tensions
- Legal non-compliance
- Loss of employee trust.
To avoid these pitfalls, carefully assess your options before selecting an investigator.
Internal vs external workplace investigators
Internal Investigators
Advantages:
- Familiarity with company policies and culture.
- Potentially lower cost.
Challenges:
- May lack impartiality or experience.
- Risk of conflicts of interest.
External Investigators
Advantages:
- Independent and unbiased perspective.
- Expertise in handling complex or sensitive cases.
Challenges:
- Higher cost.
- May need additional time to understand organisational nuances.
TIP: Use an external investigator for high-stakes or sensitive cases to ensure credibility and legal compliance.
Finding a qualified workplace investigator
When selecting a workplace investigator, consider the following key qualities to ensure a fair and effective process:
- Experience: Look for a proven track record in workplace investigations, especially in your industry.
- Industry Knowledge: Familiarity with your sector ensures the investigator understands unique challenges and compliance requirements.
- Objectivity and Impartiality: Choose someone who can remain neutral and focus solely on the facts.
- Legal Expertise: Ensure they understand workplace laws, such as the Fair Work Act, anti-discrimination laws, and industry-specific regulations.
- Strong Communication Skills: Effective communication during interviews and in the final report is critical.
- Timeliness: Delays can harm workplace morale and legal standing. Choose someone who can start and complete the process promptly.
- Confidentiality: Investigators must uphold strict confidentiality to protect all parties involved.
Cost vs. Quality: What’s the right balance?
While budget constraints are a reality, prioritising cost over quality can lead to more significant expenses later. An experienced investigator may prevent legal disputes or reputational damage, saving your organisation money in the long term.
Ensuring a successful workplace investigation
To ensure a workplace investigation is conducted smoothly and delivers fair, reliable outcomes, it’s important to follow a clear and structured process from the outset.
1. Clearly define the scope and objectives of the investigation.
2. Communicate expectations and timelines upfront.
3. Ensure all employees involved are aware of their rights and responsibilities.
Need workplace investigation support?
Selecting the right workplace investigator ensures your organisation handles sensitive matters fairly, legally, and effectively. Whether you choose an internal or external investigator, focus on experience, impartiality, and communication skills to achieve the best outcome. By following these steps, you’ll be equipped to manage workplace issues confidently and maintain a positive, compliant workplace culture.
Get Advice
For expert guidance on workplace investigations, reach out directly to David Haydon to discuss your obligations and discover strategies to build a compliant, balanced workplace.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. David works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant
Disclaimer: This article provides a general summary of workplace investigations and does not constitute legal advice. Employers should seek professional guidance to understand how these changes may specifically impact their business operations and employee management practices.