5 Reasons to Outsource Your Workplace Investigation

If an incident occurs in your workplace, such as a claim of bullying, harassment or discrimination, the first steps you must take as an employer to address the issue will be through a workplace investigation. If not addressed properly, this can lead to further workplace issues, added costs, loss of employee morale and engagement, as well as reputational damage to the business. 

Conducting a workplace investigation can be complex, even with an internal HR team, which is why it is highly recommended to outsource the investigation to an unbiased, external team specialised in employment law. Below are five reasons why outsourcing your workplace investigation is beneficial to your business.

1. The investigation is unbiased

A workplace investigation must be impartial and unbiased. By outsourcing to an external team, you can ensure that the outcome of the investigation is fair to all parties involved. At Optimum Legal, our team will often start a workplace investigation by gathering relevant information from the employer, such as:

• Past performance reviews;

• Employment records; and

• References.

From here, we start the process of interviewing employees and those involved to gain a full, unbiased picture of the dispute at hand. This ensures that the complaint is addressed in an efficient and transparent manner.

2. Ensures all parties receive procedural fairness

Procedural fairness is a legal principle that ensures fair decision making. In most cases, procedural fairness requires that decisions made be consistent with:

• The bias rule - decisions must be free from bias or apprehension of bias by the decision-maker.

• The evidence rule - the outcome must be rational or based on evidence that is logically capable of supporting the facts, based on the investigation findings.

• The hearing rule - parties involved that are likely to be adversely affected by the outcome should be given the opportunity to present their case and have their response taken into consideration before an outcome is reached.

As an employer, outsourcing your investigation to specialists in employment law and procedural fairness will give you confidence and reassurance that the facts are reliable in making disciplinary decisions.

3. Compliance with relevant legal and regulatory frameworks is upheld

A workplace investigation conducted by employment lawyers specialised in workplace investigations ensures that compliance with relevant legal and regulatory frameworks are upheld at all times. At Optimum Legal, when conducting workplace investigations, we work with employers to conduct a fair and objective investigation. As part of the process, we outline the options for disciplinary action which are legal, fair and suitable for the situation to mitigate the risks of further costly workplace disputes.

4. Minimises disruption in the workplace

Outsourcing a workplace investigation often ensures that the least amount of workplace disturbance to staff is made. Investigators can be discreet in interviews and ensure that swift action is taken. With internal investigations, often complaints are not properly addressed due to a lack of time to conduct the investigation properly. With an external team, their top priority will be conducting a thorough, attentive and objective investigation to ensure a fair outcome and minimal disruption to your business.

5. Credibility and expertise to mitigate risks

Above all, with a third-party investigator specialised in employment law, such as Optimum Legal, you can have confidence that the best practices are being followed. Our team is well trained and experienced in conducting workplace investigations, documenting all related information to the claim and timeline, ensuring confidentiality, and providing recommendations for reasonable corrective actions. Outsourcing your workplace investigation to a team of experts mitigates the risks of errors and shortcomings during the process.

At Optimum Legal, we work with you as an extension of your business to help make the process simple. Our team of employment lawyers are by your side every step of the way to answer any queries or concerns you may have regarding workplace investigations or any other areas of employment law and HR advisory. 

Book your free initial consultation here.