Do we need a third party investigation? External investigators should be considered when there is any hint of conflict of interest, when disputes involve senior individuals within an organization, when allegations are serious, when disputes involve complicated legal, financial or technical issues, or when allegations relate to physical violence or serious criminal conduct.

How long does an investigation take? Each matter is unique. Timelines are dependent on many variables including employee schedules and absences. We endeavor to conduct an investigation on an ‘ASAP’ basis because we know how important results will be to all involved. We are better able to provide a timeline once we have information on scope and the manner of concerns involved.

What outcome can be expected? We conduct workplace investigations on a ‘balance of probability’ standard and each matter will result in us providing a finding indicating a complaint is either ‘substantiated’ or ‘not substantiated’. Each complaint is adjudged against a client’s applicable policy or if it involves an OHS complaint, against the definitions provided through Legislation and company policy.

Investigations are just about asking questions and getting responses. Why can’t we just do them ‘in house’? A number of minor matters can be investigated internally as long as those conducting the enquiry are able to provide objectivity, separate their minds from extraneous factors such as bias or pre-judging based on personalities. Many HR professionals have appropriate skill sets to conduct some investigations. For complex matters, allegations that involve multiple parties, senior managers, third party complaints or potentially criminal behaviors it is recommended that a qualified, independent investigator be appointed. An improperly conducted investigation could negatively affect a company and make them vulnerable to legal action.

Have you ever worked in a union environment? Yes. Many workplace matters involve employee representatives whom we welcome to the table as an essential component of a fair and professional investigation. Our questions and interaction with an employee remain the same whether they have representation present or choose to attend on their own. We welcome and appreciate the value employee representatives provide.