As a workplace investigator, one of the most common questions that I get asked is: “when and why should organizations hire an external workplace investigator?” I was planning to write a blog on this topic in a few weeks, but in the past week alone, I’ve already been asked this question three times! I’m a big believer that when the universe shows you what it needs, you should deliver, so here we are!

When an organization receives a complaint, often their first instinct is to appoint someone internally to conduct the workplace investigation.  This is an attractive option as it’s seen as more cost-effective, less risky and intrusive and less vulnerable and exposing than hiring an external third-party investigator to deal with such a sensitive internal matter. 

But there are a lot of good reasons for organizations to appoint an external investigator too.

Here are the top five reasons to hire an external workplace investigator:

1)    skills, experience and competence of the investigator

One of the most important considerations when appointing an investigator is whether the investigator is competent – that is someone who is qualified and/or experienced in conducting workplace investigations. Conducting an investigation isn’t something that you should “wing” or learn as you go. If an organization doesn’t have an internal investigator that has the skills, experience and competence required to conduct the investigation, they should strongly consider hiring an external workplace investigator. Investigations involve sensitive (and sometimes traumatic) events, so it’s critical that an investigator has been trained in and is experienced in navigating the sensitivities and complexities of investigations. 

2)    fairness

Organizations that want the investigation process to be (and be seen as) unbiased, fair and impartial by the parties will often engage the services of an external investigator.  External workplace investigators are often seen as more neutral than internal investigators because they don’t have pre-existing relationships with the parties to the investigation, they aren’t influenced by the same interests and agendas and they don’t have the same stake in the outcome of the investigation.  For example, if the internal investigator in a workplace investigation complaint was known to be best friends with the complainant (the person who filed the complaint), the respondent (the person accused of the misconduct) would likely feel that the investigation process was unfair from the outset, that the outcome was predetermined and that they were never given a full and fair opportunity to defend themselves. Using an external investigator can help to safeguard the investigation process against allegations of procedural unfairness. If a workplace investigator is (or is perceived to be) biased or negligent, it can result in serious consequences (financial, legal and emotional) for everyone.

3)    time

Workplace investigations are incredibly stressful and emotionally taxing for all parties to an investigation, so it’s important that they are initiated, conducted and completed as swiftly as is reasonably possible.  Internal investigators often have competing projects, priorities and demands for their time, so organizations will often retain an external investigator who can dedicate their time and attention to completing the investigation quickly, fairly and thoroughly.  This is especially true if the workplace investigation is complex in nature (i.e. involves multiple complainants, multiple respondents, multiple allegations over multi-year periods and/or counter-complaints).

4)    building trust

Any acts of discrimination, harassment, violence and misconduct can create feelings of tension, toxicity and turbulence in the work environment. Many organizations appoint an external investigator to deal with these types of issues fairly and sensitively.  When organizations hire an external investigator, it demonstrates that they take such matters seriously, that they are committed to creating and maintaining a healthy and safe work environment, and that they will do the “right thing”.  Further, hiring an independent and impartial external investigator builds employees’ trust and confidence in the investigation process.

5)    scrutiny                                                                     

Organizations will often appoint an external investigator when the allegations or complaints involve a member of the senior leadership team, when the nature of the allegations are quite sensitive and serious in nature, or when there is potential for media attention and/or legal scrutiny of the investigation process.  Organizations that mishandle investigations can (and have been) held accountable in a court of law and in the court of public opinion.

So, if you ever get stuck and you aren’t sure whether to hire an external investigator, weighing these five factors should help to give you some clarity on how to move forward with your workplace investigation.

July 23, 2020

Saira Gangji is an independent licensed Workplace Investigator at hrology in Calgary, AB.  She investigates allegations of discrimination and human rights, harassment, violence and misconduct in the workplace.  For more information about hrology and our process, see the work with me page.