Undertaking employment investigations is an essential obligation of all employers when dealing with allegations of behavioural misconduct. Most commonly, these arise from a complaint by one employee against another or may be initiated by the employer who has identified behaviour which they suspect could be a breach of the employees’ duty. The employer has an obligation to investigate complaints/allegations. The manner in which those investigations are undertaken are more often coming under close scrutiny. Engaging specialist Workplace Investigators to undertake employment investigations (whether internal or external) is now becoming more common to ensure independence and to eliminate allegations of bias. It is essential that not only does the employer get the process right but the investigator also. This Masterclass cover the essential processes involved in an employment investigation as well as the core knowledge and skills required to ensure the investigation stands up to scrutiny commencing with the initial engagement, conducting the investigation and compiling and submitting a final report.
At the end of this Masterclass you will have a better understanding of:
- The initial engagements and the importance of the “Terms of Reference”.
- Establishing communication protocols.
- Preparing an investigation plan.
- Procedural fairness.
- Understanding the scope of the investigation.
- Evidence gathering and preservation.
- Evidence gathering and preservation.
- Interview preparation.
- Conducting interviews.
- Legal analysis.
- Drafting and submitting the Investigator’s Report.
Featuring Our Speakers
Collins and May Law
Eugene Collins is a partner in the firm Collins & May Law Limited based in Lower Hutt. He manages a staff of 13 and leads the Civil Litigation and Employment team within the firm.
He has practised law for 22 years.
He has represented clients in a wide variety of fields from small employers through to large International corporates. He advises employers on a wide variety of issues including drafting employment contracts, restructuring advice, undertaking investigations, disciplinary processes and personal grievances.
Eugene has appeared as an advocate in the Employment Relations Authority, the High Court, the Employment Court and the Court of Appeal. He has significant experience in mediation as the primary dispute resolution process for employment matters.
Eugene also conducts independent workplace investigations in all aspects of misconduct allegations.
He has attended the AWI Institute in the USA and holds a Certificate from the Institute in Workplace Investigations.
He is also a member of the Australasian Association of Workplaces Investigators and is a advocate of the high standards set by the Association in workplace investigations. Eugene also holds a Private Investigators Licence under the Private Security Personnel and Private Investigators Act 2010.
Prior to practising law, Eugene served in the New Zealand Police. He was based in the Manakau district in south Auckland. He commenced his career in general duties as a first responder before moving into more specialised areas of investigative work. He served with the Howick CIB in a small team responsible for investigating serious crime from serious assaults and other violent offences, serious fraud, organised crime and homicides.
Eugene also specialised in covert operations as an electronic monitor responsible for specialised interception equipment used in special operations to intercept telephone calls and other conversations for evidential purposes
Who should attend?
- HR practitioners
- Personnel professionals
- Employment Law Advisors/Advocates
- Inhouse Lawyers and Solicitors
- Business Owners
- Private Investigators
- Engagement as Investigator
- Planning the Investigation
- Conducting Interviews
- The Investigation Report