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legal words
EMPLOYERS WHO DO NOT
FOLLOW PROPER PROCESS WITH
RESPECT TO INVESTIGATIONS
CAN, AND WILL BE, HELD LIABLE.
The following circumstances, while not exhaustive, illustrate
some occasions when the expertise of an external investigator
can be advantageous to employers who are faced with unresolved
allegations or issues:
■■ Where an internal investigator does not have sufficient
workplace investigation training and/or experience:
Conducting workplace investigations is not an inherent skill.
As such, training and experience are a necessary component for
conducting workplace investigations.
■■ Where impartiality and credibility of the investigator is
of concern: For example, where the respondent is a senior
employee and an internal investigation (conducted by an equal
or less senior employee) can be seen to be inherently biased
because of the respondent’s seniority.
■■ Where the internal investigator can be seen as biased because
of a relationship with one or more of the parties and/or
witnesses involved.
■■ Where the allegations are of a serious nature, including
harassment, violence, discrimination, fraud, theft, computer/
property/equipment misuse, etc.
■■ Where the alleged conduct may be subject to media attention
and/or scrutiny.
■■ Where litigation could flow from the issues and reliance on an
investigation report may be needed.
In addition, hiring an external investigator will further highlight
to any decision maker that an employer has done their due
diligence in the event that litigation arises.
External investigators are also beneficial from the employee’s
perspective. Employees tend to be more comfortable talking to
a “neutral outsider” regarding allegations than to an investigator
who they may perceive to have internal bias.
Taking the step to hire an external investigator also creates
the impression that the employer is taking issues seriously. This
has the tendency to increase morale among employees. When
employees do not feel that issues are being addressed appropriately,
morale can decrease and tension increase significantly in
the workplace. ■
Hena Singh is one of the founding partners of Singh Lamarche LLP.
16 ❚ JANUARY 2015 ❚ HR PROFESSIONAL
