Getting Workplace Investigations Right: Key Steps Employers Need to Know

A number of recent cases are showing that employers have failed to carry out a thorough and procedurally fair investigation when receiving complaints such has bullying or sexual harassment. While informal resolution is the preferred method to resolve complaints, this is not always practical or appropriate for serious complaints such as sexual harassment.

The follow key points to considered when carrying out a Workplace Investigation:

• Has a formal or written complaint been received? If yes check what your policy says about how to respond to the complaint?

• Decide if an internal or external investigator is appropriate to conduct the investigation change

• Prepare clear Terms of Reference as to what the allegations are, scope of investigation, the process for gathering evidence and interviewing witnesses and who receives the investigation report

• Advise the parties of the right to independent legal advice and bring a support person to meetings

• Have the witnesses been identified? Generally, witnesses cannot be anonymous and need to provide their witness statements to any relevant parties involved.

• Are any terms/conditions of employment and/or policies/procedures relevant?

• Has the decision maker who is responsible for managing the outcome, i.e., a subsequent disciplinary process following the completion of the investigation been identified?

• Have witness statements been accurately compiled and signed?

• Has a written investigation report with logical, supported and clear findings been completed? The investigator may wish to give the parties an opportunity to comment on the draft report before it is finalised.
  
  

Our Workplace Investigations toolkit is available at a special price of $600 plus GST for members if purchased during the next month. Click here.

Members can access advice and guides from Business Canterbury to reduce risk in these areas. Contact us for specialist advice at hradvice@businesscanterbury.co.nz

 For further information or queries around this, please contact Michael Prisk at michaelp@businesscanterbury.co.nz if you need advice in this area.