What does an independent investigator do?
Employers are increasingly appointing external, independent investigators to help thoroughly investigate complex and sensitive employment issues. Using an external expert can reduce the stress and potential personal strain that often arises when trying to conduct such processes internally.
When does an employer conduct a workplace investigation?
In general, an employer will conduct a Workplace Investigation when they receive direct allegations as to an employee’s behaviour or conduct when carrying out their duties, or an employer may have a ‘reasonable’ concern about employee conduct or performance.
Can a employee be vindicated in a workplace investigation?
Often employees are of the view that they will be clearly vindicated in the outcome of a Workplace Investigation, and sometimes this is the case.
What’s the standard of proof for a workplace investigation?
You should be aware from the outset that unlike a criminal investigation the Standard of Proof that the investigation must reach is the ‘Balance of Probabilities’ as opposed to ‘Beyond Reasonable Doubt’.
Can a legal representative assist in a workplace investigation?
However, that person (whoever they are) cannot advocate in an unfettered way on your behalf or answer questions for you during a Workplace Investigation interview, and as such are prevented from acting on your behalf in the same way a ‘legal representative’ might do in court.
When do you need an independent workplace investigation?
If you have reason to believe a conflict exists between an employee’s private interests, obligations or relationships and their professional obligations to your organisation, an independent workplace investigation into misconduct involving Conflict of Interest might be warranted. Contact us to discuss your matter.
What does an External workplace investigation look for?
Workplace Investigations External workplace investigators conduct an independent, impartial investigation into formal complaints about bullying, harassment, discrimination, fraud or unethical behaviour at work, and make findings of fact.
Who is responsible for conducting a workplace investigation?
The Investigations Manager is responsible for developing the investigation process and monitoring all workplace investigations, regardless of the internal department actually conducting the investigation.
Can a workplace investigation cause you serious harm?
It is true that every workplace investigation will have unique issues, circumstances, dimensions, challenges and outcomes. But an investigation can cause serious harm if it is not conducted properly. Following the guide ensures that each of our investigations is conducted in a professionally consistent manner and will yield the best results.