Under Investigation: What happens during a workplace Investigation?

Employers must investigate when there’s alleged misconduct, safety concerns, or breaches of company policy or law.  The aim is to gather facts before deciding if disciplinary action is warranted. So - what does a workplace investigation look like?

From the outset, your employer should notify you in writing of the complaint or allegations, ideally at least 24 hours before any meeting, and provide terms of reference explaining the scope of the investigation.  Your right to know the specific concerns is protected under natural justice and the Employment Relations Act. Investigations should be:

• prompt, as delays can affect fairness,

• unbiased, and

• confidential, with details shared only with those who need to know.

  
  

Witnesses or complainants are generally interviewed first.  You should then be given the opportunity to review the evidence, give your side of the story in a formal meeting and provide your own evidence or witnesses.  Your employer should also give you the opportunity to bring a support person or representative (e.g. union rep or colleague).  These steps uphold your right to natural justice of being given notice, a fair hearing, and independent consideration. 

The investigator, who may be a manager, HR representative or an external expert, should prepare a draft outcome summarising findings using the "balance of probabilities" standard - meaning it is more likely than not what occurred.  You’ll then be given a chance to comment or give feedback on the draft outcomes before they are finalised.  It’s important your voice is heard before a report is finalised.

The final outcome should then address each allegation, clearly stating whether each is substantiated and providing solid reasons for findings.  The employer then decides what action to take, ranging from no action, training, warnings, or in serious cases, termination.

You always have the right to be treated in good faith, with fairness, natural justice, access to representation in meetings, and privacy and confidentiality during the process.  If you feel you have been treated unfairly you can raise a personal grievance under the Employment Relations Act within 90 days.  Advice from a legal expert, such as an employment advocate, can help you understand if there has been a fair process and provide representation if it has not.  If you are not sure that your side is being heard, get in touch for a free consultation.  mathewswalker.co.nz | 0800 612 355

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