You’ve just received a complaint involving senior staff in your organization. You’re torn between handling it internally or seeking external help. What would you do?

This article guides you on when it’s crucial to consider having an external HR investigator conduct the investigation. We’ll explore how the severity of allegations, potential bias, need for immediate action, compliance concerns, and conflicts of interest can influence your decision.

If you have an internal HR team experienced in dealing with workplace investigations, utilizing them is the obvious way to deal with an employee grievance. However, in some cases, getting to the bottom of the issue is not the only objective. It may not just about procedural fairness, but also about ensuring the process is devoid of any conflicts, and minimizes any issues that may arise after the investigation is complete. Let’s understand when an external HR investigator might help deal with some of these complexities

When grievances are complex

When you’re dealing with serious allegations or a particularly complex investigation, an external HR investigator may provide the objectivity, without any ethical concerns

Complex investigations could include:

• grievances against one or more senior managers, or the head of the organization
• matters that could have a serious impact on the business’ reputation.
• past history of similar complaints, suggesting there may be a trend or a need to deep dive into systemic issues.
• issues that can create a rift among employees, or create polarization within the team.
• Handling such situations internally can lead to unanticipated ethical concerns or leave you with a bigger task of rebuilding trust afterwards

When there is a perception of bias or conflict of interest

Often, maintaining objectivity and avoiding bias becomes challenging within internal investigations. Impartiality concerns can arise, detracting from the credibility of the investigation Even if such concerns are not true, perceptions do matter, and can create a whole new set of issues to manage. A conflict-of-interest perception can discredit the process entirely!

An external investigator can remain objective and unbiased as they are free from internal politics and don’t have prior knowledge of the parties involved.

This not only ensures an unbiased investigation, but also bolsters employee confidence in the process. Also, maintaining confidentiality may be easier, reducing the risk of sensitive information exposure.

When you are time poor or have limited capacity

This is where an external HR investigator can be a real game-changer! By outsourcing, you’ll quickly make progress and ensure timely action

Investigators can handle the process efficiently, freeing up your internal team to focus on other priorities – a benefit of outsourcing that enhances time management. So, when you need efficient, rapid response without compromising on confidentiality or cost, hiring an external HR investigator is a smart move.

When a combination of laws and policies are to be applied

Navigating the balance between legal compliance, policy application, jurisdictions, etc is another key reason to consider bringing in an external HR investigator.

• External investigators bring specialized knowledge of various legislations that can apply to the case. The Fair Work Act is not the only legal basis of the investigation. Knowledge of how other laws such as the Privacy Act, relevant safety legislation, Anti discrimination laws, etc apply to the scenario are equally important. An external investigator ensures your investigative process aligns with the latest laws, reducing your compliance risks.
• Laws change. An external HR investigator stays up-to-date so you don’t have to. That’s peace of mind.
• Workplace policies matter! An external HR investigator ensures internal policies are followed during investigations, applying them to ensure procedural justice.

Frequently Asked Questions

What Are the Qualifications and Expertise to Look for When Hiring an External HR Investigator?

You should seek an investigator with a strong background in HR, ideally someone licensed to perform investigations. The investigator should be able to provide a concise report, and offers post-investigation support. Remember, investigations don’t end with the findings being shared, post investigation support can be crucial in rebuilding trust and allowing the team to move forward.

What Are the Potential Downsides or Risks Involved in Hiring an External HR Investigator?

External investigators require someone within the organization to coordinate with and help with the logistics of booking meeting rooms, obtaining witness contact information, gaining access to policies and procedures etc. When hiring an external investigator, give some thought to who can be the internal point of contact to help with the detail.