The session will provide a “best practice” guide to conducting workplace investigations. Beginning with an overview of the key legal requirements and the principles of natural justice that apply to a workplace investigation, we will address the essential steps involved in preparing to undertake a workplace investigation, including complying with the employer’s policies and procedures, selecting an appropriate investigator and drafting terms of reference. The session will also include practical guidance on conducting interviews with the complainant, with any witnesses and with the employee concerned, as well as outlining the legal and procedural requirements an employer must follow. We will discuss common areas of concern, including how to manage confidentiality expectations of the individuals involved, when it is appropriate to suspend the employee concerned, recording interviews, and the role of representatives/support persons. Finally, we will cover drafting and finalising the investigation report and examine the next steps which may be available to an employer depending on the findings of fact.
- Learn the key requirements of a fair investigation
- Understand the principles of natural justice and an employer’s statutory obligations (good faith and to act fairly and reasonably)
- Identify the steps involved in preparing for a workplace investigation
- Understand who can conduct a workplace investigation
- Understand the importance of managing confidentiality
- Learn the requirements for conducting interviews
- Identify the requirements of an investigation report
- Recognise the appropriate next steps after findings of fact are made
Featuring Our Speakers
K I E L Y | T H O M P S O N | C A I S L E Y
Scott has broad experience advising on a range of employment issues. His practice frequently involves advice on restructuring and redundancy, managing employee performance, disciplinary and investigation processes and health and safety. He also provides advice on restraints of trade and privacy law. Scott provides timely and commercially attuned advice to ensure pragmatic and cost effective solutions for his clients. Should litigation become necessary, Scott has a thorough familiarity with all aspects of employment dispute resolution. He regularly represents clients in mediations and has appeared before the Employment Relations Authority, Employment Court, Court of Appeal and Supreme Court. Scott was described as a rising star in the 2019 Legal 500 guide.
Who should attend?
Managers and HR practitioners who want to understand how to conduct fair workplace investigations.
- The Key Requirements of Workplace Investigations: Statutory Requirements and Principles of Natural Justice
- Essential Steps to be Followed in Preparing for Workplace Investigations
- Legal Requirements and Strategies for Conducting Interviews with Witnesses and the Employee Concerned
- Common Problems when Conducting Workplace Investigations and Best Practice Solutions
- Concluding Workplace Investigations, Findings Reports and Possible Next Steps