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Expert Independent Workplace Investigations
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Licensed Private Investigators
Licensed under the auspices of the Private Security Personnel Licensing Authority (PSPLA)
Independent and Legally Sound Workplace Investigations for Employers
An independent workplace investigation is one undertaken by an expert who is not an employee of the organisation. In effect, you are contracting in an expert investigator to provide you with a report that answers the questions you agree in the “Terms of Reference” (ToR) – set at the start. An investigator can be a licensed person under Private Investigators legislation or a practicing solicitor – both are trained in the various legal rules you must observe in respect of process, privacy and reporting. This is the ‘gold standard’ for investigating an employment problem because it removes the possibility of internal bias.
Workplace investigations can cover a wide range of issues, including:
- Bullying
- Sexual harassment
- Other types of serious misconduct such as misappropriation, intellectual property breaches and conflicts of interest
- General employment relationship problems
- Misconduct or performance issues.
- Health and Safety issues.
At Teesdale Associates, we are also often engaged to conduct reviews of workplace culture to find out what’s really going on within an organisation.
You should use an external investigator in situations of conflict, seriousness (of action or consequence) or where you are concerned that the parties are both likely to be litigious. As a rule of thumb, the more substantial the claim or the more significant the outcome may be if there is a finding against the employee, the better off you are to have an independent investigator. This not only improves the quality of your investigation and report, it helps demonstrate impartiality and fairness on the part of the employer.
Yes – an investigator must either be a licensed investigator under the PSPLA (the Private Security Personnel and Private Investigators Act 2010) or be a practising solicitor.
Yes – A practicing solicitor can be an independent investigator. This is an exception to the PSPLA and means they are exempt from needing a licence under the PSPLA.
It’s important to follow an approved process. As members of AWI (Association of Workplace Investigators) we follow recommended AWI processes. It’s also important to comply with relevant NZ legislation, including the Employment Relations Act 2000, Privacy Act 2020 and Human Rights Act 1993. A legally sound investigation is all about proving the process was fair, impartial and thorough. By moving the process outside your organisation, you remove any perception of bias that could undermine a later disciplinary decision.
At Teesdale Associates, our investigators are fully licensed professionals, giving you the certainty that your process will hold up under legal scrutiny.
Our process is driven by client requirements, but typically involves the investigator:
- Receiving the terms of reference and any documentation relevant to the investigation.
- Developing a plan for the conduct of the investigation.
- Gathering any other documentary evidence that may be relevant.
- Providing the information gathered to the respondent and the complainant.
- Interviewing the complainant(s) and any other witnesses, usually face to face but could be by Teams or VC. Interviews are recorded, then transcribed.
- Interviewing the respondent and any other relevant witnesses.
- Analysing the information collected to make findings of fact.
- Providing a draft report to the complainant and respondent.
- Inviting the complainant and respondent to review and comment on the draft report
- Preparing the final report for the client and providing copies to the complainant and respondent.
Then you decide what disciplinary action, if any, is justified.
A independent workplace investigation tends to be a significant undertaking – though it will actually depend on the number of allegations and the number of witnesses that need to be spoken to. On balance, you would expect most investigations to take place over 2-4 weeks, though it is possible for this to be much longer as the number of variables to investigate increase.
Yes – you absolutely can investigate conduct that occurs on social media or outside of work hours. This tends to be behaviour that in some way is demonstrably connected to your workplace and / or brings your employer into disrepute. Classic examples of this include Christmas Parties and Facebook posts made in anger. Anything that the public can reasonably take to implicate your workplace can be investigated.
An employer will need to ensure that they take into account the wellbeing of an employee. The usual course of action is to provide third party support such as EAP Counselling, time away from work and support with medical leave and / or work plans. In general, you will not have to stop the investigation, but you will have to be reasonable and act in good faith in respect of the health concerns raised by a team member.
The impact of AI on investigations is still being worked through. What we do know is that putting confidential information into an open source AI may breach confidentiality clauses in employment agreements and may even be grounds for a warning. In general, it is best to keep investigation materials out of the AI system.
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Why Teesdale Associates for Your Next Workplace Investigation
We provide:
- An independent approach, free from in-house politics and bias;
- Immediate response to deal with your issue;
- Professional and comprehensive investigation processes;
- Commitment to the principles of natural justice;
- Sound judgment in reaching findings of fact based on many years of experience
- A comprehensive written report;
- A focus on getting the task completed without delay;
- More time for you to focus on your key responsibilities;
- All at a cost-effective price.
Once you provide us with the terms of reference for an investigation, our role is to ascertain the facts of the particular situation and prepare a full written report. Armed with our independent report, you can decide on the proper course of action with confidence. We do not decide on whether or not disciplinary action should be taken – that is your decision. We also provide training on the conduct of investigations.
While based in Auckland, Teesdale Associates provides independent workplace investigations New Zealand-wide.
We conduct on-site interviews in major centres like Auckland, Wellington, Christchurch and Tauranga, and utilise secure platforms to collect evidence and perform remote investigations for in-house and hybrid workforces across NZ.