By David A. ASIEDU
Picture This – A routine audit uncovers unexplained withdrawals. Kwame, the trusted accounts officer, is now under scrutiny. Has he been siphoning company funds? Or is this a terrible misunderstanding? If management gets it wrong, they could destroy his career – or let fraud go unchecked.
Or this – Akosua dreads coming to work. Her manager belittles her, sets impossible deadlines, and sends cutting emails. Is this tough leadership or harassment? She finally speaks up, and HR must decide: Is this a case of a toxic boss? Or are we looking at an over-sensitive soul?
Or this – A whisper in the breakroom. A knowing glance in the hallway. By lunchtime, the whole office is buzzing – Kojo has been accused of inappropriate behaviour. He insists he’s innocent. But the rumour spreads. His manager feels the pressure to act fast. But rushing could mean punishing an innocent person – or, even worse, failing to protect a victim.
Workplace issues like these happen all the time. And when they do, employers must tread carefully. Mishandling an investigation can lead to legal trouble, financial loss, or a fractured work environment. Many workplace policies outline the steps from filing a complaint to the disciplinary inquiry. They explain reporting procedures, timelines, and possible outcomes. But they often leave out something – the structure of the investigation itself.
Some policies mention “investigations”, but provide little to no guidance on how they should be carried out. Without clear procedures, investigations can be inconsistent. The result? Confusion, frustration, and sometimes unfair outcomes. A structured approach ensures fairness, protects everyone involved, and builds trust in the process.
If you’re lucky enough to have a workplace policy that spells out the steps for an investigation, follow it. No skipping. No tweaking. Just do it. That policy isn’t a suggestion—it’s the rulebook. Ignore it, and you’re asking for trouble. Legal headaches. A mess you didn’t need. Worse, the whole investigation could fall apart. Keep it simple. If the policy gives you a process, stick to it.
But an employer is faced with investigations without a guide, here’s a simple guide to getting it right.
- Decide if an investigation is needed
Not every complaint needs a formal investigation. Some can be resolved informally. But if the issue is serious – misconduct, harassment, fraud – an investigation is essential. Look at the facts. Who is involved? What’s at stake? If the complaint could lead to disciplinary action, don’t ignore it.
- Choose the right investigator
An investigation must be fair. That means choosing someone neutral – HR, legal counsel, or an independent expert. The investigator must have no personal stake in the outcome. Bias, even unintentional, can derail the process. A rushed or one-sided probe can cause more harm than good.
- Define the scope
What exactly needs to be uncovered? Was a company policy breached? Did misconduct occur? Keep it clear and focused. Don’t let the process spiral into unrelated territory. Also, set a realistic timeline. Delays create uncertainty and can make matters worse. Long investigations drain morale and resources.
- Plan the process
Before starting, map out the steps. Who needs to be interviewed? What documents or evidence should be reviewed? Emails, CCTV footage, internal records – all may be relevant. Keep confidentiality tight to avoid unnecessary office drama. A leak can turn an investigation into a public spectacle. And ensure you follow data protection laws when handling employee information. Mishandling data can lead to legal trouble of its own.
- Conduct interviews
Interviews must be structured and fair. Start with the complainant. Then, talk to witnesses. Finally, speak to the accused. Ask clear, neutral questions. Don’t assume. Don’t lead. Let them tell their side without fear of retribution. Take proper notes. The goal is to uncover facts, not confirm suspicions. A single assumption can derail the entire process.
- Review the evidence
Look at all the pieces. Documents. Digital records. Witness statements. Check for inconsistencies. Does the evidence support the complaint? Or does it tell a different story? Make sure conclusions are based on facts, not assumptions. Blind spots lead to errors. A weak investigation can produce wrongful conclusions.
- Analyse findings & report
Once all the evidence is gathered, it’s time to report. The findings must be clear, factual, and objective. Summarise what has been discovered, highlight inconsistencies, and present the information in a structured way. But stop there. The report should not suggest punishment or next steps. That decision is for the employer – or, if it applies, a disciplinary inquiry. A well-drafted report lays out the facts, free of emotion or bias. It must hold up to scrutiny.
After the report
Now, the employer must decide what to do next. If the facts show misconduct, the matter may go to a disciplinary inquiry. If the complaint is not proved, the employer may still need to take steps – perhaps to improve workplace policies, training, or communication. Silence isn’t an option. Employees need to know that issues are handled fairly, or they lose trust in the system. Whatever the outcome, the key is to handle it professionally, lawfully, and with fairness to all parties.
Final thoughts
Workplace investigations can be messy. Mishandling them can damage careers, reputations, and businesses. But done right, they help uncover the truth and maintain a fair workplace. A well-run investigation builds trust. Employees feel heard. Employers make informed decisions. And the company protects itself from legal and reputational harm. It’s about more than just ticking boxes. It’s about fairness, transparency, and maintaining a workplace where people feel safe and valued.
>>>the writer is the Partner-in-Charge of the Commercial Dispute Resolution practice at the law firm ENSafrica Ghana. He can be reached at [email protected]
