When a serious issue arises within a business or organisation, one of the first steps often taken is to launch an investigation into what has occurred. An independent investigator is a third party contracted by your organisation to conduct the investigation. Typically, this person is not an employee of the organisation.
1. Objectivity
Your internal investigator, such as HR, may be uncomfortable or unable to undertake the investigation process objectively due to relationships within the organisation. Engaging an independent investigator can remove the perception of bias, or perceived bias. In some cases, the independent investigator may be the only person who speaks to all parties involved in the investigation. This can help ensure that the investigation is conducted in a fair, unbiased way, without the potential for partiality on the part of the employer. The use of an external independent investigator may enhance the perception that the matter will be investigated at “arm’s length” and it is more likely that the subject matter of the investigation (and the investigation itself) will remain confidential.
2. Lack of adequate internal resources
Investigations are not easy. Cases can be complex and an investigator can run into a variety of challenges. Aside from basic investigative techniques such as interviewing witnesses and gathering relevant documents, an investigator must be adequately trained and experienced to evaluate the evidence and reach a conclusion supported by the evidence. Many organisations do not have staff who are trained in conducting investigations. Poorly-planned and executed investigation can expose your organisation to a number of risks.
3. Efficiency and effectiveness
Investigations should be undertaken promptly. An independent investigator can ensure the management of the process within the appropriate time frames. They will consider the potential impact on staff morale, the health and wellbeing of the parties involved, and the protection of your organisation’s reputation. Experienced independent investigators have seen most issues before and can help your organisation respond to unusual situations and allegations.
4. Legal requirements
Some allegations have the potential to lead to litigation or involve third party intervention. The independent investigator should have experience working with Lawyers as part of the investigative and legal process and be prepared for their work to be used in court and possibly give witness evidence.
5. Minimising the Consequences of a Flawed Investigation
In the same way that a well-conducted investigation can help an employer save money, a flawed investigation can have expensive repercussions. A biased or negligent investigation can subject employers to lawsuits for wrongful dismissal, breach of privacy, defamation and other claims. Hiring an external independent investigator to conduct a proper investigation can help minimise the potential damages arising from legal proceedings.
Investigations must be conducted professionally from before the first interview is conducted through to the final report. investigations have to be thorough and not rushed or undertaken purely as a token gesture to be able to say the complaint was investigated. It should be remembered that the process of the investigation may be examined in court proceedings.
Common mistakes we have seen in other investigations
#Failing to present all allegations to the accused and giving them time to respond.
#Conducting an incomplete or superficial investigation.
#Not ensuring procedural fairness for all parties involved.
#Dismissing allegations and not treating them with the seriousness they deserve.
#Attempting to upskill an unqualified employee instead of hiring a professional.
#Failing to maintain confidentiality throughout the process.
#Using an investigator without a proven track record in fair and thorough investigations.
Key Skills of an Effective Investigator
Curiosity: The ability to ask the right questions to understand events and motivations.
Communication: Strong verbal skills to extract relevant information, and written skills to prepare clear, detailed reports.
Problem-Solving: The capability to analyse complex issues, connect events, and draw logical conclusions.
Ethics and Integrity: Investigators must approach each case with impartiality and maintain strict confidentiality. Strong moral standards are essential, especially when the outcome may impact external parties.
Why Choose Warfield & Associates?
We are truly independent, professional, and committed to confidentiality. Warfield & Associates is trusted by organisations across Australia, with over 20 years of experience conducting impartial investigations into allegations of inappropriate behaviour—whether from within the organisation or involving external parties.
We understand that investigations can be stressful. Our independent approach ensures concerns are taken seriously, and the process is handled fairly and respectfully.