HR practitioners, Professional Standards Units, complaints teams and workplace investigators are at the front-line of integrity and confidence in workplace misconduct complaint processes.
If you’re ever presented with allegations against senior executives — the people in charge who you might report to, and who pay your salary — your integrity and the potential for unethical interference comes into particularly sharp focus.
Standing up to report workplace bullying, harassment, sexual harm or other wrongdoing is a big step for someone to take. It requires personal courage, sadly often sacrifices, and trust - that the leaders and organisational support promised by corporate values posters and ‘speak up’ processes will be true to their word.
How an investigator manages these ethical challenges and conducts their investigation is critical, not just for the parties involved, but for wider confidence and trust in the system and corporate culture.
Chiedza Nziramasanga has seen Life at the Sharp End of workplace investigations from three perspectives - as an attorney representing clients, as an internal investigator in a dedicated complaint unit, and now as an independent investigator.
In this episode, Chiedza talks about the reality of what it's like for investigators to navigate the power dynamics, professional and ethical challenges of undertaking investigations into workplace misconduct.
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Power dynamics, retaliation and interference
For many complainants, we know that the promises of complaint processes don't match up to reality. News stories from across the world regularly tell us as much, and this is amplified when the investigations involve senior executives.
Fear is a powerful suppressant in the workplace, as we know from survey data into the reasons why people don’t complain about unacceptable behaviour. Fear of retaliation, fear of inaction, and fear of career harm through being seen as a “troublemaker” stop people coming forward in everyday complaints, let alone when the person involved holds a position of power, profile or authority.
Chiedza explains in this episode how "retailation is covert", whatever the rules about protection from retaliation may say.
"Oftentimes, what you're seeing are things like social exclusion or isolation"
Chiedza Nziramasanga
We heard in episode 18 from Nathalie Marthinek about the scapegoating playbook that unethical leaders follow when they target people who stand up and challenge the status quo.
For those involved in managing the complaints process, there are few circumstances that will stress-test your procedures and your personal integrity than a complaint about someone above you in the hierarchy.
People unrelated to the investigation appearing out of the woodwork for 'a quiet chat' or to offer character references will be familiar to the HR and investigators in the audience.
If your process can be interfered with, modified based on who's taking part, or is ever used to turn against the complainant who did what you asked and stood up to say “this is wrong”, then you’ve got serious cultural problems to address.
Managing investigations and oneself
This episode looks at the differences between acting as an internal investigator and an external investigator. Chiedza shares how she managed internal conduct investigations in the medical sector, at a time when people were under significant pressure from the COVID-19 pandemic.
There are similarities and differences in the way that investigations take shape for the internal and external investigator. Chiedza talks about these differences, along with the benefits associated with each of these different roles.
We'll hear why an internal investigation unit - separated from HR and employee relations - can provide an advantage in tackling the trust and confidence problems that befall many HR-led investigations.
The discussion doesn't stop there and we've explored other practical aspects of an investigation, including:
- the practicalities of building confidence with investigation participants
- how HR can identify and act against retaliatory behaviour
- common investigation delays and how to manage them, and
- investigator self-care and keeping professional perspectives during a difficult investigation.
Investigation disruption and managing the aftermath
For an organisation that wants to improve its workplace culture, the investigation report shouldn't represent the end of the process.
Chiedza talks about her experiences as an independent internal investigator and the advantage this model holds in supporting teams like HR in learning lessons for cultural change.
We also discuss the disruption caused by the investigation process and the implications this has for team cohesion and organisational trust. However confidential and well-managed an investigation can be, there are always consequences that spread much more widely than the parties directly involved.
That's especially the case when investigations involve senior executives with a higher profile and visibility too.
There's a focus on restoring relationships that recognises the reality of many investigations — that the final report is often the start of the hardest step: putting the workplace back together.
There'll be more to come on restorative practices in a future episode.
Lessons to learn from Chiedza Nziramasanga
Chiedza’s experiences provide a wide range of lessons, both for people involved in the investigation and complaint process, and for the leaders who talk about psychological safety, integrity and ‘speaking up’.
In this episode, there are lessons to learn covering:
- Chiedza's practical experience in the medical sector as part of an independent, internal investigation function
- The benefits and advantages of having internal or external investigators
- How to recognise the forms of retaliation that might be seen in senior executive investigations
- The ethical challenges encountered when investigating a senior executive
- For investigators, how to look after yourself during a high-profile investigation.
Chapter markers
| Time code | Content |
|---|---|
| 00:00 | Introduction |
| 02:45 | Chiedza’s background |
| 05:44 | Is the medical sector unique in workplace bullying? |
| 08:01 | An investigator’s view: Deliberate bullying or unconscious behaviour? |
| 09:20 | The role of an internal investigation team |
| 11:59 | How internal investigators can overcome perceptions of bias |
| 15:55 | Investigating senior executives: power dynamics and pressure |
| 18:55 | Organisation responses to the investigation report |
| 22:55 | Overcoming fear and reluctance from participants |
| 25:10 | When senior executives retaliate |
| 28:55 | Tips for HR to tackle retaliation |
| 30:10 | Workplace restoration - after the investigation ends |
| 32:50 | Managing your own emotions as an investigator |
| 36:24 | Supporting investigators by setting timeline expectations |
| 39:05 | Recognising the need for continuity |
| 40:35 | Contacting Chiedza for investigations or training |
| 42:20 | Lessons for leaders and HR professionals to learn |