Being investigated at work: what to expect and your rights

If you've been told a complaint has been made about you, you have the right to know what the allegations are, to have a support person with you, and to give your side before anyone reaches a conclusion. Those are the basics of a fair workplace investigation in New Zealand. Here's how the process usually works from where you're sitting. 

I'm Steve Lockett, an independent workplace investigator. I spent 30 years with NZ Police, 21 of them as a CIB detective, and I now investigate workplace complaints for employers across New Zealand. My job is to find out what happened. I don't take sides, and I don't decide what happens to you afterwards. 

What is a workplace investigation? 

A workplace investigation is a process your employer uses to find out the facts when someone raises a concern, such as bullying, harassment or misconduct. Some employers run it themselves. Others bring in an independent investigator so the process is neutral. 

An investigation is not a finding that you've done something wrong. It's how your employer finds out whether the allegations are true, partly true or not true. 

What are my rights during a workplace investigation in NZ? 

Under New Zealand employment law, your employer has to act as a fair and reasonable employer would. In practice, that means you should: 

  • Be told the details of the allegations. Not just "there's been a complaint", but enough detail to respond properly. 

  • Get a real chance to respond. You can give your account, explain your side and point to evidence or witnesses. 

  • Have your explanation properly considered. No one should reach a conclusion before you've been heard. 

  • Have a support person or representative. You can bring someone to interviews, such as a union delegate, lawyer, family member or friend. 

  • Get a fair and unbiased investigator. The person looking into it shouldn't have already made up their mind. 

What happens during the investigation? 

Most investigations follow similar steps: 

  1. You're told about the investigation. Your employer or the investigator sends you a letter setting out the allegations and how the process will run. 

  2. The investigator gathers information. This can include documents, emails, messages, rosters and CCTV. 

  3. People are interviewed. Usually the person who complained, any witnesses, and you. You'll get notice of your interview and can bring a support person. 

  4. You see the evidence. You should get the chance to respond to what witnesses have said about you. 

  5. The investigator writes a report. It says whether each allegation is found to be true or not, and why. 

  6. Your employer decides what happens next. This is a separate step. The investigator doesn't decide whether any disciplinary action is needed. 

You can read more about each stage in how a workplace investigation works. 

How should I prepare for my interview? 

Read the allegations carefully. Note which parts you agree with, which you don't, and what's missing. 

  • Write down your timeline. Dates, times, who was there and what was said, while it's fresh. 

  • Gather anything that supports your account. Messages, emails, rosters or names of people who saw what happened. 

  • Choose your support person early. If you want advice, talk to your union or an employment lawyer before the interview. 

  • Be honest, including about the things that don't help you. In my experience, a straight account carries far more weight than a polished one. 

It's OK to ask for a break during an interview, or to ask for a question to be repeated. A good investigator wants your full account, not a rushed one. 

Can I talk to my workmates about the investigation? 

Usually you'll be asked to keep the investigation confidential while it's running. That protects everyone involved, including you. You can still talk to your support person, your representative, your doctor or a counsellor. If you're not sure who you can talk to, seek advice. 

What if I don't want to take part? 

You don't have to give an interview, but the investigation will usually go ahead without your account. The investigator can only weigh the information they have. Taking part is normally the best way to make sure your side is on the record.  

Frequently asked questions 

  • Usually, yes. To respond fairly, you generally need to know what's been said and by whom. Anonymous complaints are rare and need a good reason.

  • Sometimes. It depends on your employment agreement and the situation, and your employer should talk to you first. I've written about standing an employee down during an investigation.

  • No. The investigator finds the facts. Your employer then decides what, if anything, happens next, and they should give you a chance to comment before making that decision.

  • You'll normally get to comment on the draft findings before the report is final. Whether you get a full copy depends on your employer's process.

Karapiti provides independent workplace investigations for New Zealand employers. If you're an employer dealing with a complaint, talk to Steve on 021 121 9831. 

Steve Lockett