THE DANGERS OF USING IN-HOUSE PERSONNEL FOR INTERNAL INVESTIGATIONS
Even in companies with the highest ethical standards and model workplace policies, allegations of misconduct, misuse of property, theft, fraud, or policy breaches can and do arise.
When they do, employers are obligated to conduct a comprehensive and unbiased investigation into the matter and take appropriate action based on the findings.
The Temptation to Use In-House Staff
When issues are identified, management’s first instinct is often to ask an in-house lawyer or HR team member to investigate. While both functions are integral to a business, investigations are often outside their core area of expertise.
Poorly executed or mismanaged investigations can have unintended - and costly - consequences.
The Risk of Bias
One of the most significant pitfalls of using in-house personnel is the potential for bias.
Because lawyers and HR staff are employees of the company, they inherently represent the employer’s interests. While most professionals would never intentionally skew an investigation, the perception of bias is enough to create problems if the matter proceeds to court.
Opposing counsel may argue that:
The investigation was unfair.
The findings were unjust.
The process was compromised by bias.
This can undermine the credibility of the investigation - even if the facts were sound.
Conflicts of Interest with External Lawyers
The issue doesn’t end with in-house staff. Relying on external lawyers closely aligned with the business can also create real or perceived conflicts of interest.
This raises a fundamental question: “who is the lawyer really representing - the company’s best interests, or the integrity of the investigation?”
Why Independence Matters
For these reasons, neither in-house personnel nor closely aligned external lawyers should conduct sensitive internal investigations.
Instead:
Legal and HR teams should be informed and kept updated.
The actual investigative work should be handled by an independent, licensed professional investigator.
Independence removes questions of bias, ensures the investigation is defensible, and protects the integrity of the process.
How QNA Can Help?
At QNA Investigations, we provide independent, tailored solutions to address sensitive workplace matters, including:
Allegations of misconduct.
Misuse of property.
Theft or fraud.
Breaches of workplace policies or procedures.
Our professional investigators deliver impartial evidence that stands up to scrutiny, protecting both employers and employees. If you’d like to know more, contact us by phone on +61 2 9212 5000 or via email at mail@qnainvestigations.com.au.