Workplace investigator

Workplace investigator – choosing the best option.

When complaints of misconduct such as bullying, harassment, sexual harassment or discrimination are received or matter of fraud, theft or other misconduct are detected and a decision is made to conduct an investigation you basically have two choices.

Conduct the investigation internally using HR staff or managers.

If you are going to conduct the investigation internally are recommend that consider,

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

If the employer is going to conduct an internal investigation 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 Fair Work Australia?

It is not always appropriate or effective for an investigation to be conducted internally.

Engage an external expert

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 considering engaging an external investigator your options are;

• A professional investigator whose primary focus is on conducting workplace investigations. This person is usually highly qualified and experienced conducting investigations, gathering and analysing evidence and conducting interviews. A professional investigator often conducts a large number of investigations every year.

• A law firm or lawyer that conducts workplace investigations in addition to other legal work. While the lawyer will have extensive knowledge of the law they may not have experience conducting workplace investigations.
  A workplace investigation interview for example is very different to cross examining a witness in court. It is a completely different skill set.

• A HR consultant that conduct workplace investigations in addition to other HR work. Often the HR consultants and consultancy firms offer workplace investigations with limited experience and qualifications in the field.
• Mediators and other consultants that conduct workplace investigations in addition to other work, Like many HR consultants these people may have very limited experience or qualifications in conducting workplace investigations

So what is the best option?

I recommend a professional investigator, with legal experience and qualifications, who has this understanding of human resource management and as a bonus has a background in law enforcement.

As you would see by my profile I have all these qualifications and my focus is conducting workplace investigations or conducting training in the areas of investigations and misconduct especially relating to bullying and sexual harassment. Link to profile here
Here is my LinkedIn profile, please feel free to connect to me

So the choice is simple a professional who is workplace investigations all the time or someone who is doing it as an additional offering to the main their area of work.

If you want the best outcome engage a specialist not a Jack of all trades and master of none.

If I can assist with external investigations please contact me, phil@awpti.com.au or check this page https://awpti.com.au/workplace-investigations/

Investigation training

If you intend to conduct an internal investigation I highly recommend that you are trained in best practice workplace investigation processes and that you have the necessary resources.

If you would like to undertake best practice investigation training, I have a number of options;

The open course recommended if you have one or two people in your organisation that require training.  The next course is scheduled to be conducted in October or early November the date has yet to be set there are places still available, details are here.

I also conduct internal courses for organisations. These courses can be run at a time/date to suit you depending on availability and are charged at a flat rate with no limit on attendees.

I have general investigating workplace misconduct courses that include bullying harassment sexual harassment and discrimination and also other matters such as fraud and theft and I also have specific investigating sexual harassment training courses. The details are below.
General investigating workplace misconduct course – https://awpti.com.au/conducting-workplace-investigations-full-course/
Invesigating workplace Sexual Harassment specific – https://awpti.com.au/sexual-harassment-investigation-training/

Sexual Harassment training

With the Christmas party season approaching I recommend that employers conduct sexual harassment training as end of year festivities have historically resulted in sexual harassment complaints.

Details of the Understanding Workplace Sexual Harassment training course options are here

Please contact me if you would like more details or you would like to discuss making a booking – enquiries@awpti.com.au

you can see what past participants have said about the courses by at this page – https://awpti.com.au/awpti-testimonials/