Conducting Internal Workplace Investigations

Conducting Internal Workplace Investigations – engage an expert or do it yourself

It is not always appropriate or effective for an investigation to be conducted internally. Circumstances where an employer should consider engaging an external investigator include, but are not limited to:

• Where a complaint is made against a senior employee.
• Where the employer does not have adequate resources to properly conduct the investigation internally, particularly if the complaint involves multiple parties, complex issues and/or someone with specialist skills is needed to investigate the complaint.
• Where there is a risk that the complaint cannot be objectively handled by an internal investigator due to a real or perceived conflict of interest.
• If the alleged behaviour or conduct is of a serious (or criminal) nature and the risk of litigation is high, or
• When legal professional privilege may be required over the investigation process.

When making that decision an employer must ask the following questions:

Part 1

• Do we have someone with the necessary expertise to conduct an investigation/enquiry ?
• Do we have someone with sufficient experience in conducting an investigation/enquiry?
• Do we have the time to handle this internally?
• Do we want the stress of handling this internally?

Part 2

If the employer is going to conduct an internal investigation or enquiry does the person/s nominated:

• Have solid experience conducting investigative interviews?
• Have a full understanding of the rules of evidence?
• Have an understanding of procedural fairness?
• Have an understanding of current legislation as it relates to workplace complaints such as bullying, harassment and discrimination?
• Have experience conducting investigations and writing reports that will withstand the scrutiny of an industrial commission or the Fair Work Commission?

 A poorly conducted investigation can make things much worse

Conducting Internal Workplace Investigations – Advice for employers

If you are unsure or unable to answer the questions posed in part 1 and 2 I recommend;

• Outsource the investigations to a qualified, experienced and licenced workplace investigation specialists.  Be careful with your selection as many people an organisations claim should be experts in the field of workplace investigation however investigations a part of a suite of services they provide including various forms of HR support or legal representation. It is often the case of these people are not specialists in workplace investigations.
• Consider having the people that are tasked to complete workplace investigations trained in best practice processes, including trauma informed/be concentric interviewing.

Conducting Internal Workplace Investigations – How can AWPTI help you?

AWPTI can provide full investigation services that take the stress from you by handling matters from receipt of the complaint to provision on a final report, details here

• We can ensure;
  • Transparency
  • Independence
  • An absence of Bias
  • An absence of Conflicts of Interest

AWPTI can provide a number of investigation training options;

Conducting Workplace Investigations Full Course (highly recommended, best option for organisations)

Conducting Workplace Investigations Open full course (highly recommended, best option for individuals)

Trauma Informed Workplace Investigation training

For more information including the contents, cost and inclusions public courses please contact us via email – [email protected] or via the contact page