Workplace Investigations: Best practices for employers in handling employee misconduct and complaints in NZ

• Published date: 26 January 2024
• Law Firm: LegalVision
• Author: Ms Louise Miao

Maintaining a healthy and productive workplace requires a commitment to addressing misconduct and complaints effectively. Workplace investigations play a pivotal role in fostering a positive work environment, ensuring fair treatment of all employees, and mitigating legal risks for employers. In New Zealand, employers must navigate specific regulations and practices when conducting investigations. This article discusses best practices for employers handling misconduct and complaints, outlining key steps and considerations throughout the investigation process.

Legislation

The Employment Relations Act 2000 and the Health and Safety at Work Act 2015 are critical pieces of legislation influencing how employers should approach workplace investigations. Additionally, compliance with the Privacy Act 2020 and other relevant laws is essential to protect employees' rights during investigations. Ensuring your business complies with the law is crucial when conducting a workplace investigation.

Establish a Clear Investigation Policy

The foundation for effective workplace investigations lies in having a well-defined investigation policy. Employers should establish a comprehensive investigation policy that outlines the procedures...