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.
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.
Forensic technology has been a tremendous boon in terms of the identification and analysis of digital evidence in workplace investigations. It is becoming increasingly important that the workplace investigator really understands what is happening and where digital evidence might lie. Those experienced investigators that truly understand and apply forensic technology analysis remain unicorns. That rare and almost mythical beast that often starts where others stop and know when to question what seems obvious at a glance.
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.
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.
We will discuss the Family and Educational Rights Privacy Act and how it is implicated in investigations; mandated reporting and Lybarger admonitions; and the laws and rules that govern the discipline of certificated employees and what they mean to the investigation report.
This webinar takes an in-depth look at key legal issues for workplace investigators who undertake inquiries into allegations of sexual harassment.
This webinar is intended for Australasian investigators.
A Q&A discussion exploring what has changed for investigators post #metoo, changes in employer attitudes to complaints, using trauma informed principles in interviewing, individual vs systemic investigations, mandatory reporting of sexual harassment, and the role of the investigator in providing recommendations to employers about improving their internal policies and procedures for dealing with complaints of sexual harassment.