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An employee has made a serious complaint.
Your managers are looking to you for answers, emotions are running high, and everyone expects a fair outcome. But one question often gets overlooked:
Who should actually conduct the investigation?
While many workplace concerns can be managed internally, there are situations where engaging an independent external investigator is the best decision for the business and for your employees. Knowing when to make that call can help protect the people involved, your reputation and your legal position.
Not Every Workplace Issue Requires an External Investigation
It’s important to remember that not every workplace concern requires a formal investigation.
Minor performance issues, personality clashes or day-to-day management matters can often be resolved through conversations, coaching or informal conflict resolution.
However, when allegations are serious, involve potential breaches of workplace laws or policies, or could expose your business to legal or reputational risk, a formal investigation may be the most appropriate response.
Here’s how to recognise when it’s time to seek external support.
It may be time to engage an external investigator if:
✔ The complaint involves a business owner, director or senior manager.
✔ There is a real or perceived conflict of interest.
✔ The allegations involve bullying, harassment, discrimination, fraud or serious misconduct.
✔ There have been other allegations of a similar nature in the past.
✔ Your business doesn’t have experience conducting workplace investigations.
✔ Emotions are affecting objectivity.
✔ The findings could result in disciplinary action or dismissal.
If you answered yes to any of these, external support may help ensure the matter is handled fairly and professionally.
What Does an External Investigator Actually Do?
Many people assume an investigator decides who is “right” or “wrong”.
In reality, their role is to independently gather and assess evidence before determining the facts around what happened. Typically this includes making findings about whether allegations are substantiated, not substantiated or unable to be substantiated.
This typically includes:
- Reviewing documents and relevant evidence.
- Interviewing the complainant, respondent and witnesses.
- Assessing the credibility and consistency of information.
- Preparing a detailed investigation report.
- Making factual findings based on the available evidence.
Importantly, an investigator generally provides findings rather than recommendations about disciplinary outcomes. Decisions regarding disciplinary action usually remain with the employer.
Why Businesses Choose Independent Investigators
Bringing in an experienced external investigator offers several benefits:
- Independent and unbiased fact finding.
- Greater employee confidence in the process.
- Reduced risk of perceived favouritism.
- Improved procedural fairness.
- Comprehensive records.
- Reduced legal and reputational risk.
- Allows managers to continue focusing on day-to-day operations.
For many businesses, engaging an external investigator also provides peace of mind that the process has been managed professionally and objectively.
Don’t Wait Until the Situation Escalates
One of the most common mistakes employers make is waiting too long before seeking advice.
By the time an employee has resigned, lodged an external complaint or commenced legal action, opportunities to resolve issues effectively may already have been lost.
Seeking advice early doesn’t necessarily mean you’ll need a full external investigation—but it can help you understand your options and determine the most appropriate course of action.
When in Doubt, Seek Advice
Workplace investigations are rarely straightforward. Every situation is different, and the right approach depends on the seriousness of the allegations, the people involved and the potential risks to your business.
While many matters can be managed internally, there are times when an independent investigator is the best way to ensure the process is fair, transparent and defensible.
If you’re unsure whether your business should manage an investigation internally or engage an external investigator, obtaining early HR advice can help you assess the situation before it escalates.
At Edwards HR, we regularly support businesses with independent workplace investigations, providing objective, evidence-based findings while helping employers meet their obligations and maintain trust within their workplace.
Need guidance on a workplace investigation? Contact our team to discuss your situation confidentially and determine the most appropriate path forward.
