Change to workplace investigations

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In June 2020, a decision was made about the way workplace investigations are carried out. From this decision, a key change has been applied.

Workplace investigators must hold a licence

The Private Security Personnel Licensing Authority (PSPLA) made a decision that those who carry out workplace investigations are required to hold a private investigator licence, or be regulated under another Act.

Workplace investigations were not a focus when the Private Security Personnel and Private Investigators Act 2010 was passed, however the PSPLA noted workplace investigations are “a relatively recent feature…. parliament clearly intended the definition of private investigator to cover all people in the business of carrying out investigations into a person’s character, actions or behaviour. This is an integral part of an employment investigators work.”

Reasons to hold a workplace investigation

Before taking disciplinary action or responding to a complaint made by a staff member of (for example) theft, bullying, harassment, or misconduct, it may be necessary to carry out an investigation.

Investigations must be completed in good faith and use natural justice principles – this includes not jumping to conclusions before going through the process. A test for this is ‘what a fair and reasonable employer could have done’.

HR Associate is licenced

HR Associate holds the required private investigator licence, so you can be confident that members of our team are legally able to carry out workplace investigations for your business.

In-house or external investigator

While those conducting in-house workplace investigations do not need a licence (i.e. the person completing the investigation is an employee), there are benefits to using an external investigator. This includes increased objectivity, a ‘level playing field’ for all participants of the investigation, as well as the confidence that if you are using a licensed practitioner, you know they have the skills and experience to carry out this work.

Different person for investigation + disciplinary process

It’s important to be aware that the person who carries out an investigation should not be part of a disciplinary process, which may be a result of the investigation. Should you use HR Associate for a workplace investigation, we are able to assign a different consultant to assist with the disciplinary process, which satisfies this requirement.

If you have any questions about the changes to workplace investigations, or you need support conducting a workplace investigation, please get in touch with one of the team.

 This information is general guidance only, and you should not solely rely on this information; specific advice should be sought for your situation.