No, an employer is not required to involve a third party to investigate complaints of bullying or harassment. However, an employer must take all complaints of workplace bullying and harassment seriously. An employer should only undertake its own investigation, when the facts are easily ascertained, the matter is not complicated, and there are not complex underlying issues. If the employer has reason to believe that the investigation will not be fair and impartial, the employer should seek legal advice and may wish to arrange for a third party to investigate.
If you have any questions regarding conducting workplace investigations, or if you are looking to hire an investigator, please contact our employment team here.
