Independent Investigation

Establishing the facts is frequently central to the resolution of workplace disputes. This is generally best done by an agreed and independent third party. Independent investigation or fact finding involves an experienced third party conducting a thorough and fair assessment of difficult or complex situations, for example disputes over work, over compensation or allegations of bullying or harassment or breaches of work regulations.

An independent investigation involves all of the parties to a dispute or accusation and leads to a report with findings and conclusions, generally with recommendations for how to improve the situation. Bullying investigations are generally framed by current agreements such as policies and procedures on ‘dignity at work’ and by national codes of practice set out by the Labour Relations Commission and the Health and Safety Authority. For issues not specifically covered by existing policy and procedures, terms of reference are usually agreed beforehand by the parties. Procedures always take account of the requirement of due process and natural justice as well as ‘best practice’ as this evolves over time.

The main benefits associated with independent investigation are:

All parties can contribute to the terms of reference and to the selection of the agreed third party
All parties have an equal opportunity to give an account of the situation from their point of view
The investigator brings an independent perspective that allows him or her ‘to see the wood from the trees’
The investigator applies an agreed and robust methodology to the work in hand
Issues can be clarified quickly and parties can stand back from immediate conflict on grounds that the issues are being addressed within an agreed timescale
The parties receive a detailed report based on professional assessment of the facts as they emerged in the course of the investigation
Such reports can form a basis for parties taking discussions further themselves or they can provide a basis for management decisions on what needs to happen next
As well as leading to solutions to immediate problems, investigators’ reports can highlight systemic problems that can then be remedied through preventive measures.

We can provide more information on independent investigation, including examples, upon request.