Why Hire a Third-Party Investigator

 Imagine this….

A harassment complaint has been received from one of the employees you work with, and you're wondering who will investigate the matter. It is possible that you are not equipped to manage the process. Perhaps you are a subordinate to the person who made the complaint, you might have a desk packed with urgent work, and you're unable to make time in your schedule to complete the investigation, or you instantly realize that the allegations are extremely grave and could result in complex and serious sanctions.

 

There are various reasons why employers might consider hiring an outside, third-party investigator to perform workplace investigations. While they're certainly not necessary in all situations, there are some instances when choosing to go to the outside world is a good idea.

 

6 situations when hiring an external investigator becomes necessary:

 

1.     Lack of neutrality

 

Investigators must be and be seen to always remain impartial towards the participants and the accusations involved in the investigation. If the investigator has a relationship with one or more individuals or has a reporting relationship (even an indirect one) their ability to be impartial might well be compromised. More importantly, it could be perceived as a breach of integrity. If the investigator is an eyewitness to the accusations, they're not qualified to conduct the investigation. The potential risk of working with an investigator who has a significant connection to the parties, or the allegations is that the person who contests the conclusions at the end of the investigation will claim that it was a biased investigation. The search for a third-party investigator is necessary if the company does not have an investigator who is able to conduct an exhaustive and objective investigation.

 2.     Absence of a certified internal investigator

An investigator in the workplace must be proficient in the process. They should know the criteria for ensuring an impartial process, the validity of the process, have the ability to evaluate and weigh the various evidence types and be able to compose an accurate report that provides clear evidence-based findings, drawing on all relevant evidence gathered. If your business doesn't have a person skilled in this task or the accusations or parties are too complicated for the level of expertise within, it is recommended to look outside for someone with the necessary skills to perform the workplace investigation.

 

3.     You're too busy

 

Workplace Investigations should be done within the shortest time possible following the point at which the matter comes to your notice. The company may have a policy that outlines a timeframe for the beginning and conclusion of the investigation. Any delay due to competing workloads isn’t really acceptable. It can also raise questions regarding procedural fairness and may cause the workplace situation to fester and become worse.

 

4.     A lack of trust 

 

Maybe your company is experiencing problems with a lack of trust in the leadership, or employees do not feel secure or confident in filing misconduct complaints or participating in the investigation process. Inviting an impartial, competent third-party investigator could help assure employees that you will consider their concerns seriously and encourage them to participate in the investigation process, building or enhancing a sense of confidence.

 

5.     It's too complicated or risky

 

Perhaps your Strategic Human Resource Management team can investigate workplace complaints involving general harassment and/or bullying. But what happens if you are confronted with a complaint that alleges widespread, in-built racial prejudice in the workplace or frequent inappropriate behavior at work? If the allegations are seriously complicated, nuanced, or complex, you may prefer an experienced external investigator.

 

6.     Litigation seems likely

 

If the issue to be examined is at risk of being arbitrated or litigated, having a well-thought-out and precise report of a fair and procedurally sound investigation by an impartial and competent third-party investigator could be a huge advantage.

 

Do I always need to have the services of an outside investigator?

External investigators aren't always necessary. There are many situations where internal, well-trained, and impartial personnel can be used in conducting a workplace investigation. But employers must be aware of instances when the company could gain from hiring an external investigator. HBAConsulting understands these issues and, in addition to the employment, legal and policy-related requirements associated with these procedures has a long experience in delivering high-quality results that all participants embrace.