Why Hire an Impartial Investigator for Workplace Issues?

For any HR type investigation, employers must ponder the question “Can we conduct a fair investigation?”. There are so many factors that play into how an investigation can be biased and we constantly need to check ourselves for our own biases (we’ll cover these biases in a future post!). Can we ever be completely unbiased?, it’s highly unlikely but what employers have to consider is the appearance of bias that my be present. If a company uses their own HR to conduct the investigation, we have to ask if the complainant or respondent feel that HR and management can remain two separate and not interfere. This may be possible for bigger organizations, but smaller companies may find it harder to show separation.

In any workplace, resolving conflicts fairly and efficiently is essential to maintaining a positive, safe environment. When misconduct allegations arise—whether harassment, discrimination, or fraud—it's critical to conduct a thorough, objective investigation. Many companies recognize the benefits of hiring an impartial, third-party investigator to handle these sensitive cases. Here’s why impartiality matters, and how it can make all the difference for your organization.

1. Building Trust Among Employees

When employees see that their concerns are being taken seriously and investigated impartially, trust grows. An impartial investigator ensures that each party in the case is heard, and that the investigation is conducted with fairness and neutrality. Employees are more likely to come forward and cooperate when they trust the process.

2. Avoiding Bias and Conflict of Interest

In-house investigations may be unintentionally influenced by relationships, office dynamics, or personal biases. An impartial investigator, with no prior connection to the organization or the individuals involved, approaches each case with fresh eyes and no preconceived notions. This unbiased approach can help prevent the appearance of favoritism and conflict of interest.

3. Ensuring Compliance with Legal Standards

 Conducting investigations improperly or with bias can expose companies to significant legal liabilities. Impartial, professional investigators are well-versed in legal standards and best practices, ensuring that investigations are thorough, compliant, and defensible if ever scrutinized. An objective process helps protect the company and strengthens its commitment to integrity and fairness.

4. Protecting the Company’s Reputation

Workplace investigations are often confidential and sensitive, but their outcomes can affect the company’s reputation. Ensuring that investigations are conducted impartially demonstrates to stakeholders, clients, and the public that the organization is committed to ethical standards and fair treatment for all employees. This builds a reputation as an accountable and responsible employer.

5. Improving Decision-Making

Impartial investigators have the expertise to gather relevant evidence, conduct objective interviews, and provide clear, fact-based findings. This balanced approach enables decision-makers to take appropriate actions based on the investigation's conclusions, minimizing the risk of poorly informed decisions.

Why Choose Workplace Investigations Ontario  as Your Impartial Investigator?

Our Ontario-based team specializes in fair, unbiased workplace investigations, backed by years of experience in investigative roles across various industries. Our commitment to impartiality means that every case is approached with the utmost professionalism, respecting the rights and dignity of all parties involved.

Contact us for a free consult to learn more about our impartial investigations.

Some tips to help find the right Workplace Investigator to meet your needs.

Are you in the position of having to hire a workplace investigator and are overwhelmed with the options? If so, this post should help clarify some of the things you need to consider when hiring an external investigator. As I write this, I am well aware of the appearance of bias as I am not a lawyer, but I am not writing this to persuade you to no go with a lawyer, but to encourage you to do your due diligence and weigh your options carefully.

1.        Lawyer vs. non-lawyer

You may notice during your search that there are investigators that are lawyers and some that are not. In the province of Ontario, a non-lawyer can be designated as a workplace investigator as long as they pass the provincial process to become a private investigator. Lawyers are not required to complete this process and are deemed to be a qualified investigator once they pass the bar exam.

The benefit of hiring a lawyer to conduct your investigation is that they are usually on the front line of current civil caselaw. This is important when factoring in the protentional of future lawsuits. Another advantage to a lawyer is they are generally attached to a law firm that has multiple resources to assist with the investigation if required. Now for the not so great, the biggest complaint I hear from clients that first contacted a law office to conduct their investigation was the wait time. Clients that were hoping for a quick turnaround were shocked when told it could potentially be months. The second biggest complaint from clients is the fee’s associated to law offices were generally higher than that of non-lawyer investigators. Time and money are two big factors that you need to consider how big of a priority the investigation is.

Non-lawyer investigators can be harder to find as they generally rank lower on Google searches. This doesn’t mean they are less qualified than their lawyer counterparts, they may not have the resources to get higher in the Google rankings. These investigators may not be constrained with the same workload as a lawyer and in my own practice, can generally start and complete the investigation and report in a timely fashion.

2.        What is the investigators experience?

The investigators previous experience should hold more weight on your decision to use a lawyer or not. Becoming a lawyer doesn’t necessarily provide the opportunity to hone their investigative or interviewing skills. Finding an investigator with previous investigative experience could greatly benefit you and the organization the investigation is being done for. Often, like in my case, I served as a police officer for over two decades, with most of that time spent as an investigator, often in roles conducting major investigations. Varying former investigative experience also helps the investigator think of the bigger picture and prevent tunnel vision, which can happen when you investigate the same type of offence repeatedly.

Who you choose to conduct your investigation should not be solely based on where they end up in your Google search. Take your time to look into the business and the investigator. Most investigators offer a free consult so take advantage of this and ask the questions. The investigator should help put your mind at ease that you are making the right choice.

I hope this information helps you in your journey, and as always, if you have any questions, please feel free to contact us.

The Importance of Independent Workplace Investigations

In today’s rapidly evolving workplace, maintaining a fair, respectful, and legally compliant environment is more crucial than ever. When conflicts, misconduct, or violations occur, how a company responds can significantly impact its culture, reputation, and legal standing. This is where independent workplace investigations come into play. Here’s why they are so important.

1. **Objectivity and Impartiality**

One of the most significant benefits of an independent investigation is the objectivity it brings. When internal teams handle investigations, biases—whether conscious or unconscious—can affect the outcomes. Personal relationships, company politics, and a desire to protect the organization can all cloud judgment. Independent investigators, on the other hand, are free from these internal influences, ensuring a fair and impartial process. This objectivity is vital for getting to the truth and making decisions that are fair to all parties involved.

2. **Building Trust Among Employees**

Employees need to trust that their concerns will be taken seriously and handled with integrity. When an independent party conducts an investigation, it signals to employees that the organization values fairness and transparency. This trust can enhance overall morale, reduce the risk of whistleblower retaliation, and encourage a culture where employees feel safe reporting issues. It also sends a clear message that the organization is committed to addressing problems without favoritism or internal bias.

3. **Legal Compliance and Risk Management**

Workplace investigations are often conducted in response to serious issues such as harassment, discrimination, or fraud. Mishandling these investigations can lead to significant legal consequences, including lawsuits, fines, and reputational damage. Independent investigators are typically well-versed in employment law and investigative best practices, ensuring that the process complies with legal standards and minimizes risks. By relying on experts, companies can avoid procedural missteps that might otherwise lead to costly legal battles.

4. **Expertise and Efficiency**

Independent investigators bring a level of expertise that internal teams may lack. They are skilled in interviewing, evidence collection, and analysis, and they understand the complexities of workplace dynamics. Their experience allows them to conduct investigations more efficiently, often resulting in faster resolutions. This expertise is particularly important in sensitive cases where a misstep could exacerbate the situation or lead to unfair outcomes.

5. **Protecting Company Reputation**

The way an organization handles internal issues can significantly impact its public image. An independent investigation shows a commitment to accountability and transparency, which can protect and even enhance a company’s reputation. In contrast, poorly managed investigations—especially those perceived as biased or inadequate—can lead to negative publicity, loss of customer trust, and challenges in attracting top talent.

6. **Ensuring Confidentiality**

Maintaining confidentiality during an investigation is crucial to protecting the privacy of those involved and ensuring the integrity of the process. Independent investigators are trained to handle sensitive information discreetly and securely, reducing the risk of leaks or breaches that could harm individuals or the organization. This level of confidentiality can be more difficult to maintain with internal investigations, where information might be more easily accessed by unauthorized parties.

7. **Objective Recommendations and Corrective Actions**

After an investigation is completed, it’s essential to have clear, actionable recommendations to address the issues uncovered. Independent investigators provide unbiased assessments and suggestions for corrective actions that are based solely on the findings, free from any internal pressures. This helps organizations make informed decisions that effectively address the root causes of problems and prevent recurrence.

To Sum it up….

Independent workplace investigations are not just a best practice—they are a crucial component of maintaining a fair, lawful, and productive work environment. By ensuring objectivity, building trust, minimizing legal risks, and protecting the organization’s reputation, independent investigations help create a workplace where all employees feel respected and valued. In an era where workplace culture and ethics are under constant scrutiny, investing in independent investigations is not just wise—it’s essential.