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Sexual harassment in the workplace

2018 has been the year for a global movement of people, in particular women standing up and telling their stories of sexual abuse and harassment. It began when the #MeToo campaign gained traction by celebrities sharing their own experiences of sexual misconduct in their chosen industry after Hollywood producer Harvey Weinstein became known as a […]

Confidentiality during a Disciplinary Process

It is not uncommon to see that when an employee is subjected to a disciplinary investigation process, he or she is advised to keep the matter confidential – or even instructed to keep all information relating to the matter strictly confidential.   This can go as far as restricting the employee to only being able to […]

Parallel Disciplinary Investigations

At times, we come across employee’s representatives who wish to conduct their own investigation into a misconduct matter, in parallel with the employer’s investigation.  This is in an attempt to assist the employee to adequately respond to allegations made against them.  Often, this may include the request to interview other employees and potentially customers, and […]

Employer uses monitoring software to collect personal information

This case acts as a reminder for employers to be aware of the Privacy Act when conducting employment investigations. As part of an employment investigation, an employer collected personal information from a man’s work computer. The information collected included emails sent to and from the work computer, as well as key stroke logs for the […]

Recent Case: Requirement to take annual leave during investigation unjustified

Any investigation of misconduct by an employee must be carried out with care. The employer must act in a fair and reasonable manner. In Brocks v Prime Range Meats Ltd [2012] NZERA Christchurch 229 the Employment Relations Authority held that an employer who insisted that an employee whose conduct was being investigated should take annual leave had […]

Employee has no fundamental right to question complainant

In a disciplinary investigation an employee has an absolute right to know exactly what allegations have been made against him or her but the employee has no absolute right to question the person who has made the allegations. In McKellow v Transportation Auckland Corporation Ltd [2012] NZERA Auckland 191 the Employment Relations Authority said that […]