Many of us have been asked to advise an employer that has just been presented with a revelation about serious interpersonal issues within its workplace – often involving a group of employees who raise serious issues about the behaviour of one or more colleagues. What is the appropriate, most ethical course of action? Join us as we explore these challenging aspects.
Our panel of experienced investigation firm owners will offer their insights and practical tips for managing a successful practice as sole practitioner, small boutique firm and large investigations firm. The panel will also discuss strategies for developing business, what technologies firm owners should consider using, and how to attract and keep great staff.
The session will cover topical developments illustrated by caselaw including the implications of the requirement for registration either as a private investigator or a lawyer; whether new rules of conduct for lawyers apply to their conduct of workplace investigations; a change to the standard of proof test for misconduct in cases which may result in personal grievances; and the prudence of liability disclaimers.
Judge Corkill will provide a view from the bench about workplace investigations. He will give some insight into the issues that may arise out of investigation processes and reports, and the steps that investigators may wish to take in order to address them.
The New Zealand Royal Commission of Inquiry into Abuse in Care has the largest scope of any similar international inquiry. The Inquiry is considering a range of faith based and state institution settings and a range of themes over a 50 year time period, including the experience of the disabled, Pacific Islanders and Māori in care. Estimates are that 250,000 children may have been abused in care in this time period. Now mid-way through the life of the Inquiry, there have been many lessons learned as to how to scope and conduct an historical investigation in an inclusive, trauma informed manner and the resources that are likely to be required.
The broadening appreciation of obligations to indigenous and Te Tiriti o Waitangi (the Treaty of Waitangi), together with the significant participation of Māori in and across all sectors, mean inevitably, that Pākeha (non-Māori) investigators, who are engaged by Māori and/or work with Māori, will need to develop an understanding of Te Ao Māori (the world view from Māori). This session will focus on what investigators should be aware of when working with Māori, and how investigations involving Māori may be conducted appropriately.