Employment Relations Consultants – Licensed Independent Workplace Investigators.
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Following a decision by The Private Security Personnel Licensing Authority (PSPLA) in June 2020 ([2020] NZPSLA 007) the face of Workplace Investigations changed forever.

A complaint had been laid under S73 and 74 of the Private Security Personnel and Private Investigators Act 2010. The complaint challenged the way in which a workplace investigation was carried out. More importantly, the complaint alleged that the work carried out by the Workplace Investigator fitted within the definition of Private Investigator and therefore should have held the appropriate license and certificates. In short, this contention was upheld by the PSPLA.

Like many of my colleagues and associates, I have, over the years, conducted a number of workplace investigations some of which have been complex and taken considerable time to complete to an acceptably high standard. To suddenly be placed in a position where such practices on my part might now be unlawful was a blow to the system as well as a reduction in the variety of the services I am able to offer to my many clients.

I am pleased to announce that my acceptance as a Private Investigator has been approved (PSPLALicense Number 20-077137) and I am again available for Independent Workplace Investigations.

Workplace Investigations are recommended when a complaint is laid with an Employer, particularly when that complaint relates to bullying, harassment, discrimination or other forms of serious misconduct or inappropriate behaviour. Using an independent investigator cuts through any suggestions of bias on the part of the Employer.

The Independent Investigator will have no interest in the outcome of an investigation other than to ensure that its findings are accurate and unbiased. Investigations can be time consuming and distracting for “in-house” staff whereby the Independent Investigator can dedicate time to the investigation, generally bringing the investigation to a conclusion in a more thorough and timely manner than can normally be achieved by someone already “bogged down” by the running of the business. The familiarity of existing staff with potential offenders can also lead to accusations of bias.

Independent Investigations are normally foreshadowed by the drafting of “Terms of Reference”, enabling all involved to understand how the investigation process works and what the participants' rights are throughout the process and what is expected of them.

Ultimately the Independent Investigator will identify if there have been breaches of any laws or inhouse policies or practices and what those breaches have been. There is not normally a recommendation as to what steps should be taken in the event that a complaint is upheld.

Once a complaint has been laid, it is important that any ensuing investigation is carried out promptly and by someone who understands the complexities of Workplace Investigations. For more information on our workplace investigation services, phone me on my cell phone 0274 627543.