External Workplace Investigator

# When should an employer appoint an external workplace investigator?

When a workplace complaint is raised, an employer needs to understand what happened and decide how to respond. Some concerns can be addressed through ordinary management processes. Others may call for an independent investigator—particularly when the allegations are serious, disputed or difficult to investigate impartially from within the organisation.

An external investigator can gather and assess relevant information within an agreed scope, then report their findings to the person or organisation that commissioned the work. The employer remains responsible for deciding what action to take, and may need separate employment-law advice.

## 1. The complaint is serious or complex

An employer may consider an external investigation where allegations involve matters such as bullying, harassment, alleged serious misconduct or other significant workplace concerns.

The seriousness of an allegation does not automatically mean an external investigator is required. However, the potential impact on the people involved and the organisation may make it important to have a well-planned process and a clear record of how the evidence was considered.

## 2. Impartiality could reasonably be questioned

An internal investigator may be suitable in some circumstances. But concerns can arise if the person handling the investigation:

- Has a close working relationship with someone involved.

- Has previously dealt with the complaint or taken a position on it.

- Reports to, or is influenced by, a person involved in the matter.

- May be perceived as having a conflict of interest.

Even when people act in good faith, a perceived lack of independence can undermine confidence in the process. An external investigator may help provide distance from internal relationships and reporting lines.

## 3. The complaint involves a senior leader or sensitive issue

It can be particularly difficult to investigate a concern involving a senior manager, executive or other influential employee from within the organisation. Staff may be reluctant to participate, or may question whether the investigation can be impartial.

An external investigator can offer an independent process for gathering information. The scope, reporting arrangements and who will receive the findings should be agreed with the commissioning organisation at the outset.

## 4. There are multiple people, accounts or issues to examine

A matter may involve several witnesses, conflicting accounts, substantial records or a series of related complaints. In these situations, it can help to define the issues carefully before interviews begin.

A clear terms of reference helps everyone understand what is being investigated—and what is not. It can also help identify the information needed, the people who should be interviewed and the form of the final report.

## 5. The organisation lacks the time or relevant experience

A workplace investigation can require significant time: planning, reviewing documents, conducting interviews, assessing evidence and preparing a report. An employer may not have someone available who can undertake this work while meeting their other responsibilities.

An external investigator can provide dedicated investigative capacity and experience. The employer should still identify an appropriate contact to provide instructions, answer process questions and receive the report.

## 6. The outcome may need to be explained to others

Where a matter is sensitive or contested, the organisation may need to show that it took the concerns seriously and used a fair, considered process. An investigation report can document the scope, information considered and findings reached.

An independent process cannot guarantee that everyone will agree with the outcome or that it will never be challenged. Its value lies in conducting the work carefully, within the agreed scope, and explaining how the findings were reached.

## What should be agreed before an investigation begins?

Before appointing an investigator, the employer should clarify:

- The allegations or issues to be examined.

- The investigator’s role and reporting line.

- The proposed steps and likely timeframes.

- Who will receive the report and how it may be used.

- How relevant information will be handled and shared.

- The estimated cost and how any changes to scope will be managed.

People involved should be treated fairly and given an appropriate opportunity to respond to relevant concerns. Confidentiality should not be promised as absolute: information may need to be shared as part of a fair process.

The investigator’s role is to examine the evidence and report within the agreed scope. Decisions about employment action remain with the employer. If the matter raises legal or employment-process questions, the employer should obtain advice from a suitably qualified employment professional.

## Is an external investigation the right next step?

Not every workplace issue requires a formal investigation. The right approach depends on the nature of the concern, the available information and the organisation’s circumstances. An initial discussion can help clarify whether independent fact-finding is suitable and what the scope might involve.

Veritas Investigations provides workplace investigation services for employers and HR leaders in **Auckland, the Bay of Plenty and Wellington**, and across the North Island. Veritas associates are retired police detectives with extensive investigative experience.

**Discuss a workplace investigation with Veritas.** Please avoid including sensitive case details in a general website enquiry.

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