Workplace Investigations: Key Considerations for Employers

Workplace Investigations: Key Considerations for Employers

Recent cases highlight a recurring issue: employers failing to conduct thorough and procedurally fair investigations when handling complaints such as bullying or sexual harassment. While informal resolution is often preferred, serious complaints—particularly those involving sexual harassment—require a formal investigation.

Here are key points employers should consider when conducting a workplace investigation:

• 1. Formal Complaint
  Has a formal or written complaint been received? If so, check your policy for how to respond appropriately.
• 2. Investigator Selection
  Decide whether an internal or external investigator is appropriate. Consider impartiality, expertise, and credibility.
• 3. Terms of Reference
  Prepare clear terms of reference outlining the allegations, scope of investigation, process for gathering evidence, witness interviews, and report recipients.
• 4. Rights and Support
  Advise all parties of their right to independent legal advice and the ability to bring a support person to meetings.
• 5. Witness Identification
  Identify relevant witnesses. Witnesses generally cannot remain anonymous and must provide statements to relevant parties.
• 6. Relevant Policies and Terms
  Consider any employment terms, policies, or procedures that may be relevant to the investigation.
• 7. Decision-Maker
  Identify who will manage the outcome, including any subsequent disciplinary process, following completion of the investigation.
• 8. Witness Statements
  Ensure witness statements are accurately compiled, signed, and reflective of the evidence provided.
• 9. Investigation Report
  Compile a written investigation report with logical, supported, and clear findings. Where appropriate, give parties the opportunity to comment on the draft report before finalisation.

A well-structured investigation protects all parties involved and ensures that serious complaints are handled fairly, transparently, and in line with best practice.

We’re here to help.

If you need guidance or support with workplace investigations, the team at Business Canterbury is ready to assist.

• 👉 Contact Michael Prisk at michaelp@cecc.org.nz or reach the team at hradvice@cecc.org.nz.