The benefits of an external workplace investigation following an employee complaint.

People don’t like to think of their place of work as a ‘hotbed of harassment and discrimination,’ but unfortunately, that’s not always the case.

Even with best-practice HR policies in place, some employees may still be subject to unfair treatment based on their gender, race or other protected class. And while it can be difficult to hear such accusations against your company, it is important that you take them seriously.

Whether you have internal HR staff members or an external third-party agency supporting you, it’s always advisable to conduct an outside workplace investigation should any employee complain about unfair treatment.

There are many different types of workplace investigations; some involve interviewing current employees and past employees who left the company within the past year; others involve conducting focus group interviews with random employees from all departments within the organization, and still others involve bringing in a third party investigator for a neutral perspective.

There are pros and cons for each type of investigation, so read on to learn more about the different ways you can support your organization through an external workplace investigation following an employee complaint.

What’s the benefit of an external workplace investigation?

Employment discrimination and harassment are very serious allegations, so if you’re not sure how best to investigate a complaint, it may be best to bring in an external investigator to do the legwork.

There are a few reasons why an external investigation might be the best choice, including:

• The company culture: If there has been a complaint made against the company, it may be that the company’s culture is part of the problem. In this case, bringing in an external investigator may help to reveal the issue, allowing the company to take appropriate action. By hiring an external investigator, you can remove the employees’ sense of “us versus them” and allow the investigator to gather data without bias, providing an unbiased and accurate report.

• • Impending litigation: If you find that there is merit to the complaint, you may be able to resolve it quickly with a settlement. However, if you do not follow proper procedures and the complaint is made public, the company could be subject to a lawsuit.
  • The company’s response to the complaint: If you are receiving more than one complaint, it is important that you act quickly and appropriately to address the situation. If you do not, you may find that you have a disgruntled employee population on your hands, which can lead to decreased productivity, increased turnover and decreased profits.

Performing a workplace investigation after an employee complaint

There are a few ways in which an investigation will be conducted, but in general, the investigator will typically follow these steps:

• The investigator will conduct interviews with all relevant parties, including the employee who made the complaint and other employees who may have information about the situation and its surrounding circumstances.

• The investigator will then review company policies, interview managers and other employees, and gather any supporting documentation or evidence that could be relevant to the situation.

• • The investigator will then prepare a report of findings, which will include recommendations for resolving the complaint.

The benefits of an investigation in general

An investigation can provide answers to questions that have lingered within your organization for far too long. When employees feel that they have been treated unfairly or as though their concerns are being ignored, they can become increasingly disengaged, leading to increased turnover and reduced productivity.

A workplace investigation can help to identify the source of the problem, allowing you to take the necessary steps to resolve the issue and restore engagement within your company.

It can help to identify the root cause of the issue: If more than one employee has reported experiencing unfair treatment, there is a good chance that there is a systemic problem within your company. An investigation can help to identify the root cause of the issue, allowing you to take appropriate action to resolve it and prevent it from happening again in the future.

It can help to build trust among employees and within the organization: If there is a lack of trust among employees and within the organization, it can have a negative impact on productivity, engagement, reputation and overall success.

An investigation can help to restore trust within the company and demonstrate that you are taking the complaint seriously.

Why you might choose to hire a third-party investigator instead of doing your own internal investigation?

A third-party investigator has no vested interest in the outcome of the investigation and is therefore far less likely to be influenced by personal bias or pressure applied by anyone within the organization.

A third-party investigator may bring different skills and experiences to the table that could be beneficial to the investigation and could allow them to uncover information that your internal team may miss.

You want to remain objective. If you have done your own internal investigation and you do not want to suggest that there is a problem within the company, it may be best to hire a third-party investigator instead. You don’t want your investigation to be an “us versus them” situation and may want to conduct the investigation as a neutral third party.

You want to bring an outside perspective: Bringing in an outside investigator may allow them to see the situation from a different perspective and uncover information that you may have missed.

When should you request an internal HR investigation?

If the complaint is regarding a specific employee, you may want to request an internal HR investigation to determine if that employee’s actions have broken company policy or violated the company code of conduct.

An internal investigation generally focuses on whether the company’s policies were followed, as opposed to whether or not the alleged actions were actually true.

You want to determine if the employee’s actions breached company policies: If there are specific complaints but no indication that the employee acted with malicious intent, you may want to conduct an investigation to determine whether the employee’s actions were in keeping with company policy, including things like work hours, dress code, etc.

You want to determine if the employee has any training needs: If there are complaints that indicate that the employee’s actions violated company policies, but the employee did not do so with malicious intent, it may be that the employee simply needs additional training or coaching.

When should you request a third-party investigator?

If the complaint does not fall within the scope of HR and is not about any specific employee, it may be best to hire a third-party investigator to conduct the investigation. This is particularly true if the complaint is very serious in nature and could potentially have significant company-wide implications.

The complaint is very serious: If the complaint is very serious, it can help to distance yourself from the situation, particularly if you are unsure of how to proceed once the complaint has been made public.

While HR may be equipped to handle minor complaints, serious complaints that involve discrimination and harassment could lead to legal action. In this case, it can be helpful to conduct an outside investigation that allows you to stay above the fray.

The complaint is company-wide in nature: If the complaint is company-wide, it can be helpful to bring in an outside investigator who can conduct the investigation without bias and without being influenced by any existing employee relationships.

Conclusion:

You never know when an employee will make a complaint about their experience at work, or what that complaint might be about. However, it’s important to remember that an investigation into that complaint can provide valuable insight into your organization as a whole.

Whether you choose to use an internal HR person, or a third-party investigator to conduct an investigation, it’s important to remember that the investigator is there to find answers and is not there to make judgments. An investigation is simply a fact-finding mission that can help to provide clarity and closure.

How to Deal with a Workplace Investigations

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A workplace investigation involves a detailed review of an employee’s conduct or performance at work. It is often initiated by the employer when they suspect an employee of misconduct.

Workplace investigations can be scary and challenging, but you don’t need to stress. There are strategies you can use to manage the process and protect your interests.

The scope of a workplace investigation may vary depending on the nature of your role or organisation, but it will almost always involve some form of verbal or document interview with HR representatives, colleagues, managers, or third-party investigators.

This article covers how a workplace investigation works, what kind of issues they usually involve, how to prepare for one and what to do if you receive notification that you’re being investigated at work.

What Is a Bendigo Workplace Investigation?

A workplace investigation is a review conducted by HR, management or a dedicated Investigations company to understand an employee’s conduct or behaviour at work.

The workplace investigation may be initiated for a number of reasons, including:

– A complaint from a colleague, client, or customer.

– A serious accident or injury that may have been caused by an employee’s negligence.
– An allegation of sexual harassment or discrimination.
– Suspicion of fraud or theft of company assets.
– A major violation of company policies.
– An incident that may result in disciplinary action against an employee.
– Concerns about an employee’s ability to perform their role which may require reassignment due to health or safety reasons.

Reasons for a workplace investigations

Workplace investigations are not punishments, but an ordinary part of business. They are a way for organisations to resolve complaints and achieve a fair outcome.

When workplace investigations are conducted correctly, they can improve morale and trust in leadership, as well as protect employees from discrimination and other forms of misconduct.

There are a number of reasons why your employer may choose to open an investigation. It could be due to the nature of your work, a serious accident, or a written complaint. It may also be a result of company policy violations, fraud allegations, or a misunderstanding between you and a colleague or manager.

An employer will conduct an investigation if they suspect that an employee has done something wrong, even if the employee doesn’t think they have done anything wrong. They will be trying to find out what actually happened. It’s important to know that an employer should not assume that an employee is guilty just because they are conducting an investigation.

What happens during a workplace investigation?

In general, investigative processes is meant to be fair and balanced, but the particular process and outcome of each investigation can vary from organisation to organisation.

During the investigation, an employee will likely be asked to provide pertinent documents and be interviewed by the person conducting the investigation. This may occur in person or remotely through video conferencing.

Employee Rights During an Investigation

There are a few basic rights that employees should be aware of during the investigative process. An investigation doesn’t always result in disciplinary action. It can be used to gather information and clarify events that were previously misunderstood.

An employee has the right to know why they are being investigated.
– They have the right to know what rule they broke or what part of their job they are being investigated for.
– An employee also has the right to representation.
– They have the right to receive a fair investigation.
-An employee has the right to not participate in the investigation but that is usually a poor decision as the investigator will interview all parties and therefore if you refuse   to participate in the investigation, you lose the opportunity to present your version of events.

Strategies for Employees to manage the process

There are certain strategies and best practices that you can use to help you manage the investigative process and protect your interests.

Stay Calm. If you’ve received a notification about an investigation, it’s normal to be anxious. You should take some time to compose yourself and gather your thoughts before you respond to a request for information.

Understand the investigation process. Depending on the nature of the investigation, you may have to provide documentation, access to your computer, or interview with HR representatives, managers, or third-party investigators. Be prepared for a long process if you have a lot of information to gather for your employer.

Gather all information required by your employer. This includes providing copies of written communications, digital records, and supporting documentation to help clarify the events in question.

Plan your response. 

Rushing to respond to an investigation notification may result in a mistake. It’s recommended to take some time to construct a thoughtful and thorough response.

Get help if you need it. If you feel that you don’t have the skills to handle the investigation on your own, get some help.

Keep an open mind. You don’t know what events led up to the investigation, so you don’t know what details may be missing from your perspective.

Be respectful. If you receive a letter or email from your employer regarding an investigation, be respectful and respond accordingly.

Stay positive. You are likely under a lot of stress, but try to stay positive and focused on the outcome that you want.

Don’t jump to conclusions. It’s easy to assume that you know what led up to the investigation, but you don’t. Keep an open mind and let the investigation play out.

Don’t self-impose disciplinary action. During an investigation, it’s normal to be frustrated and feel that you want to jump in and fix what you think is wrong. Resist the urge to impose disciplinary action on yourself. Let the process play out and let your employer make the final decision.

Wrap-up

An investigation usually happens when someone has reported a problem. It could be a colleague, customer, or manager.

Employees are not required to participate in an investigation if they don’t feel comfortable doing so. However, it is generally a good idea to participate to provide your version of events.

An employee has the right to remain silent and decline to answer any questions.. Even if you are not the one being investigated, an investigation can be stressful and scary. Stay calm, take care of yourself, and follow these tips to help manage the process and protect your interests.