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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand

Presentation time: 90 minutes
1.5
CPD HRS

In the workplace, when an allegation of misconduct is made (including harassment, bullying or theft) the employer, before any disciplinary action is taken, needs to consider an investigation. It’s a balancing act though - the need to advise the employee of a concern and unnecessarily causing them stress versus the need to get as many facts together as possible from all concerned.

Independent investigations in the workplace have taken on a new importance in the global #metoo era, with a sudden increase in the number and complexity of bullying and harassment allegations. Following on from a session at the NZLS CLE Employment Law Conference in October 2018, this module will offer both practical and technical tips and provide advice aimed at assisting you whether supporting an employer investigating a complaint or advising a complainant or a respondent.

Topics covered will include:

  • When should you have an investigation?
  • The pros and cons of an independent, or an in-house, investigation
  • What does an investigation involve?

Please contact us if you use a dial up internet connection.

Learning objectives

After completing this module you will:

  • Be more familiar with the workplace investigation process.
  • Understand the pros and cons of the different types of investigations.
  • Be able to advise your clients confidently.

Booklet 

Authors: Emma Butcher, Andrew Scott-Howman
Published: 20 March 2019
Pages: 14

Introduction

The purpose of this paper is to provide some insight into the law applying to workplace investigations in New Zealand, and also to offer some practical suggestions to those who are required to provide advice in this area.

The paper is written by practitioners with overlapping, but different, perspectives on this subject. Emma has wide experience in advising both clients who may be required to undertake a workplace investigation, and also employees who may be required to participate in one. Andrew is qualified as a workplace investigator and is instructed by employers who wish to outsource the task of a workplace investigation.

Against that background, it is probably prudent for this paper to commence with a couple of (limited) caveats:

  • What follows is not intended as an exhaustive summary of the law applying to workplace investigations. In fact, even if that could be achieved, there are a number of features of the workplace investigation that are sufficiently contemporary that they have yet to be considered by a tribunal in New Zealand;
  • Some of the practical tips offered below are borne out of personal experience – and reflect an element of personal preference. They should, therefore, not be interpreted as definitive guides, but rather as helpful prompts for thought and comment.

PowerPoint Presentation

These are the slides included in the presentation.

Emma Butcher Andrew Scott-Howman
Emma Butcher
LangtonHudsonButcher
Auckland		 Andrew Scott-Howman
Port Nicholson Chambers
Wellington

Questions?

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