Effective workplace investigations are essential for maintaining a safe, fair and compliant environment.
When workplace investigations involve key personnel who respond defensively to findings, the process can become particularly complex. In this article, we’ll examine a case study where a workplace harassment investigation involving a senior employee led to a challenging response, including threats of legal action against the investigator. We’ll provide practical tips for managing similar situations to maintain objectivity and compliance.
A senior employee’s contentious response to harassment findings
A workplace investigation case study.
In a recent case, an organisation’s workplace investigator was tasked with examining a harassment complaint involving a senior employee, whom we’ll call “Chris.” Chris was a prominent figure in the company, central to daily operations, and held considerable influence. The complaint, lodged by a colleague, alleged persistent harassment. After a thorough workplace investigation process, including witness interviews and evidence review, the investigator substantiated the harassment claims.
When Chris received these findings, he reacted strongly, rejecting the conclusion and accusing the investigator of bias. Instead of engaging in the organisation’s review process, Chris threatened to involve legal representation to dispute the findings. An executive, recognising Chris’s value to the organisation, showed limited support to the investigator, tolerating Chris’s confrontational response.
Best practice in managing high-stakes responses in workplace.
When a respondent holds significant influence within an organisation and reacts defensively to an investigation’s findings, it can jeopardise the investigation’s credibility, damage morale, and hinder necessary corrective actions. Here are key strategies for managing these reactions professionally and effectively.
1. Establish Clear Processes and Set Expectations Early
- Clarify Rights and Responsibilities: At the outset, clearly communicate each party’s rights and responsibilities within the workplace investigation process, including its impartial nature.
- Outline Escalation Procedures: Ensure all parties understand how to raise concerns or dispute findings through formal channels rather than with threats. Defined escalation processes set expectations for respectful and professional conduct.
2. Maintain Independence and Transparency
- Document Thoroughly: Keep detailed records of all interactions, interviews, and responses from involved parties. This documentation supports workplace investigation transparency, particularly if findings are scrutinised by leadership or external parties.
- Hold Your Ground Impartially: Resist any pressure to alter findings based on the respondent’s reaction or influence. Upholding an impartial approach is critical to ensuring that findings are fair, defensible, and compliant with best practices.
3. Set Boundaries with Executives and Emphasise the Value of a Fair Process
- Provide Executive Training on Investigations: Educate leaders on why supporting an unbiased process is vital to the organisation’s culture, credibility, and compliance. Highlight the risks of allowing bias to influence findings, especially when they involve key personnel.
- Secure Early Executive Commitment: Before beginning workplace investigations involving key employees, seek leadership’s commitment to supporting a fair process. This step helps deter executives from influencing outcomes if findings are contentious.
4. Respond Firmly and Professionally to Legal Threats
- Acknowledge Their Rights, but Stay Firm: If a respondent threatens legal action, acknowledge their right to seek advice while reinforcing that the findings are based on a rigorous, objective process.
- Consider External Counsel if Necessary: If tensions escalate, engage external legal counsel or an independent investigator to validate the findings. This not only reinforces the credibility of the workplace investigation findings but also helps maintain impartiality.
5. Follow Up to Address Workplace Culture and Team Morale
- Engage with Affected Teams: When a high-profile individual is involved, morale within the team can be impacted. Hold follow-up discussions or offer support to ensure team members understand the investigation’s outcome and feel safe in their workplace.
- Implement Preventative Measures: After the investigation, assess whether additional harassment prevention training, coaching, or policy updates are needed to prevent similar issues. Reinforce the organisation’s commitment to a respectful, harassment-free environment.
Key takeaways from this workplace investigation case study
Managing investigations involving influential personnel requires protecting the integrity of the workplace investigation above all else. Allowing bias—especially from leadership—can undermine the investigation’s credibility, discourage employees from reporting issues, and expose the company to potential liability. Maintaining professionalism, meticulous documentation, and following formal processes are key to handling high-stakes situations objectively and effectively.
Workplace investigation advice
Workplace investigations can be challenging, especially when they involve senior employees who resist the findings. By upholding the investigation’s integrity, setting clear boundaries, and maintaining professionalism, organisations can address sensitive issues effectively, reinforcing their commitment to fairness and promoting a positive, compliant work culture. This approach not only strengthens the credibility of workplace investigations but also ensures a safer and more respectful environment for all employees.
If your organisation is navigating a bullying or harassment complaint, reach out to David Haydon for expert guidance on independent workplace investigations.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. He works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant