Conducting workplace investigations is a complex and nuanced process that requires a combination of analytical skills, emotional intelligence, and careful judgment. Over the years, I have developed strategies that have proven invaluable. Here are a few key insights for those new to the field—presented in no particular order, each is essential for conducting fair and effective investigations.
The Power of Silence
One of the most effective tools in an investigator’s arsenal is knowing when to remain silent. After asking a question or seeking clarification, resist the urge to fill the silence. Pauses often indicate that the witness is reflecting, and allowing that space can lead to more thoughtful and profound responses. A subtle hand gesture, such as a nod or an open palm, can encourage the witness to speak without verbal prompting. Mastering this technique can significantly enhance the quality of the information you gather.
Laying the Groundwork: Explaining the Process
Imagine being in the witness’s shoes—uncertain, anxious, or even fearful. Taking the time to clearly explain the investigative process can alleviate concerns and foster cooperation. Walk them through:
- The steps of the investigation and what to expect
- Confidentiality, protection from retaliation, and their right to have a support person present
- Your role as a neutral, impartial investigator
- Expected timelines and how updates will be communicated
- The investigation report—what it will include, your mandate, and whether recommendations will be made
- Any questions they may have (and if you don’t have an immediate answer, commit to following up)
Clarity and transparency build trust, and trust leads to a more open and productive dialogue.
Building Rapport Through Respect
Your approach matters. Treat each witness with professionalism and respect. A courteous and empathetic demeanour can significantly impact their willingness to share their experiences fully. Although your interaction may last only a few hours, the rapport you build can directly influence the depth and quality of the information you receive. Additionally, keep legal jargon to a minimum—clear, straightforward communication is always more effective.
Seeking Input: The Value of a Second Opinion
Even the most experienced investigators benefit from collaboration. No one has all the answers, and discussing various aspects of a case with a trusted colleague can yield fresh insights. A valuable lesson I once learned came from a colleague who questioned whether a particular section of my report addressed the core investigative questions: Did the incidents occur as alleged? Do they constitute a policy violation? If not, then that information was unnecessary. A second perspective can enhance your analysis and improve the clarity of your report findings.
Prioritizing Investigator Well-Being
Workplace investigations can be mentally and emotionally exhausting. To maintain effectiveness, it’s crucial to manage your workload realistically. Limit interviews to around three hours and be mindful of how many cases you take on simultaneously. Balancing your workload ensures you remain sharp, thorough, and fair in your approach—because a burned-out investigator is ineffective.
Final Words
By incorporating these strategies, new HR professionals can navigate workplace investigations with greater confidence and effectiveness. Each case presents unique challenges, but applying these principles will help ensure, thorough, fair, and well-executed investigations.
If you’re a leader looking to equip your HR team with the skills to handle workplace investigations effectively, contact me—I’d be happy to help.