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.
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.
Recently, tribunals have placed some reliance upon a High Court decision that establishes that where a disciplinary process takes too long that, in itself, may be regarded as a penalty, justifying reduction, or even elimination, of sanctions. Could this apply to us as investigators? And what duties might we owe as a consequence?
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.
