• Inviting them to a meeting to seek their response
• Allowing them to bring a support person or representative
• Advising them of the potential seriousness of the allegations and potential outcome should the allegations be substantiated.
Investigations such as this occur within workplaces across the motu every day. In most cases, they can be conducted by the employer or a manager within the workplace. That person needs to be neutral, not “take sides”, and consider all the information in a balanced way. Larger companies may have an HR (human resources) person who can assist management with the investigation process.
Some workplace complaints, however, may require an external independent person to undertake a detailed investigation to determine whether the alleged misconduct occurred. This could be when:
• The company does not have a sufficiently skilled or experienced person available to conduct the investigation
• There is a conflict of interest in conducting an investigation internally
• The allegations involve serious issues such as bullying and harassment, or involve senior employees, or
• The outcome of the investigation is likely to be subject to external scrutiny or legal challenge.
1. External workplace investigators must be licensed.
Recent legal developments require external investigators to be licensed under the Private Security Personnel Licensing Authority within the Ministry of Justice and hold a valid private investigator’s licence (the exception being a lawyer with a current practising certificate). To obtain a licence, the investigator must be able to demonstrate a high degree of skill and training. This means the company engaging the investigator can be assured that the person has the appropriate skills, as well as has access to formal channels for making complaints.
2. Experienced and professional.
In most cases, a licensed workplace investigator will be experienced in conducting investigations and will get the job done professionally and efficiently with minimal disruption to the rest of the organisation. They will follow a robust process following an established framework, or in accordance with the company’s own policy, ensuring a fair and reasonable process is undertaken.
3. Neutral and objective.
Not being affiliated with the workplace, an external investigator can remain neutral and objective, and therefore be able to determine the facts of what occurred without any element of bias or pre-determination. This will often mean that the findings are able to withstand external scrutiny or legal challenge.
4. Save time and free up resources.
There is no doubt that allegations involving serious issues such as bullying and harassment or involving senior employees can be complicated and time-consuming to investigate. In most cases, there is a lot at stake for all parties, including the person making the complaint, the person being complained about, and the company. Engaging an external investigator who will conduct the investigation and then hand over the findings to the company to undertake any next steps required, will often save time and free up other internal resources.
By no means are you required to engage an external investigator to undertake all workplace investigations. However, there may be circumstances when doing so is the most appropriate course of action. If that is the case, you may need to seek some professional advice on the best options for you.
■ Craig is the HR and employment relations specialist and licensed private workplace investigator for Business Central in Gisborne and Hawke’s Bay. Email:
Disclaimer: This article is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this article.
