The speakers will review common pitfalls and challenges faced when conducting investigations from the perspective of both external and internal investigators. The panelists will share unexpected issues they have encountered and what strategies they employed to ensure that the investigation was conducted in a manner consistent with AWI Guiding Principles and standard workplace investigation practices.
Attendees will learn how to manage common pitfalls and issues that may disrupt an independent investigation.
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 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 intersection between the criminal law, employment law and workplace investigations will be explored with a panel comprising an investigator, employment lawyer and criminal barrister. Workplace investigators may be required to consideration evidence that may be admissible in future criminal proceedings. The most common incidents of workplace criminal behaviour relate to fraud, theft, sexual harassment, and sexual assault. Is it a criminal issue? Is employment law advice needed? Do I call the investigator? Maybe it is a combination with crossover and timing concerns.
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.
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 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.
