Independent
Workplace
Investigations
When complaints arise, we step in to provide clarity so you can navigate a way forward.
At Woven, we recognise that the current business and regulatory landscape requires specialists who conduct efficient, robust and people-centric processes. We regularly conduct all types of independent workplace investigations for government, large organisations and charities throughout Aotearoa.
Employee concerns and allegations of misconduct arise in all workplaces. They can have serious consequences and are often highly stressful for those involved. If issues are not adequately addressed, they can result in a deterioration in organisational culture, reputational damage and ongoing costs. Our independent investigations can shield your organisation from legal and reputational risk, protecting your people and your workplace culture.
We offer a range of investigation services, depending on the concerns raised:
We undertake complex independent investigations, particularly those involving senior employees and highly sensitive, material issues.
We conduct simple investigations or preliminary assessments.
We co-investigate with your ER or HR team, providing our technical expertise and resources during the process.
We assist organisations who wish to undertake their own investigation – ad hoc telephone support, review of allegation letters, advice on the draft investigation report and we can provide a suite of template investigation documents.
We conduct investigations training – including training materials.
● Common Concerns
● Independent Investigators
Why use external independent investigators?
Investigations can be carried out internally, but there's always a risk of actual or perceived bias, particularly where staff have already been involved in the matter, or where the person under investigation is a senior executive or the CEO.
Using an independent investigator removes that risk. We have no prior involvement with the matter or the parties, and no personal interest in the outcome, which allows us to be genuinely objective. We are also able to build trust and rapport with participants which ensures we obtain reliable evidence.
We also bring the time, skill and experience that complex complaints demand. Investigations need to move quickly, and internal HR teams often don't have the capacity to manage them alongside their existing workload. We're experienced in navigating sensitive situations, keeping participants supported, and liaising with employment lawyers and advocates throughout the process. We also provide a written report at the end that is clear, concise and provides clarity for the decision-maker and the parties involved clarity allowing confidence when deciding on the next steps.
● The Investigation Process
How do we conduct our workplace investigation process?
-
We review the complaint on a confidential basis. We provide you with an accurate estimate of our fees and a timeframe to complete the process.
-
Before launching a formal investigation, it’s best to determine if it’s necessary in the first place. We review the complaint and discuss the most appropriate process (this may involve a preliminary fact-finding process or a workplace review). An investigation will generally be required if the allegations relate to misconduct (bullying, harassment and/or other inappropriate conduct).
-
A smooth-sailing investigation process begins with a proper plan. We provide a template Terms of Reference. This document scopes the allegations to be investigated, sets out clear expectations for the process, and outlines the organisation’s policies. This document will be provided to the complainant and the respondent so they understand the process before it commences.
-
We are skilled at building rapport and gaining the trust of participants. We know the questions to ask to get to the heart of the issues and obtain quality information.
Initially, you email the relevant team members. We then contact them to arrange interviews (either in-person or via video call). Generally, we commence the investigation by interviewing the complainant, the respondent and then witnesses. We prepare transcripts or statements. We review any documentary evidence.
-
Once sufficient information is obtained, we review all evidence. We ask further questions. We assess statements and documentary evidence to find a common link or pattern, and identify any inconsistencies. We consider the credibility of the evidence. This rigorous process allows us to form robust factual findings and reach an objective and credible conclusion.
-
Lastly, we prepare a draft investigation report and provide a copy to the complainant, respondent and the organisation (if required). We finalise the report and provide it to the organisation.
● FAQs
Common questions
-
A workplace investigation is a formal, fact-finding process used to establish what happened in relation to a complaint or allegation of misconduct, such as bullying, harassment or a policy breach. It involves gathering evidence from the complainant, respondent and any witnesses, then reaching findings on the balance of probabilities. The process must be fair, thorough and impartial to withstand scrutiny if challenged later. In New Zealand, this is often driven by an employer's good faith obligations under the Employment Relations Act 2000.
-
An investigation is generally needed when a complaint involves serious misconduct allegations, such as bullying, harassment, discrimination or fraud, that could lead to disciplinary action if substantiated. It's also appropriate where facts are disputed and can't be resolved informally, or where the outcome could affect someone's employment. If unsure, employers should first check with Woven whether an alternative process, like a preliminary assessment, might be more appropriate. Acting promptly matters, as delay can compound harm, reputational damage and increase legal risk.
-
Investigations can be carried out internally by HR or ER staff, or externally by suitably qualified independent investigator. External investigators are best used where there's a risk of actual or perceived bias, such as when internal staff have already been involved in the matter, or when the allegations concern a senior leader or the CEO. Whoever conducts it must be objective, skilled at interviewing, and capable of weighing evidence fairly. The right choice depends on the complexity, sensitivity and seniority of those involved.
-
Timeframes vary depending on the complexity of the allegations, the number of witnesses, and the availability of participants. A straightforward matter might be resolved in a few weeks, while complex investigations involving senior employees or multiple allegations can take several months. Employers should get a fee and timeframe estimate upfront once the complaint has been reviewed. Investigations should still proceed without unnecessary delay, as both fairness and good faith obligations require timely resolution.
-
Common triggers include bullying, harassment and discrimination, sexual harassment, inappropriate conduct inconsistent with a code of conduct, and breaches of policy such as conflicts of interest. Other examples are privacy breaches, health and safety breaches, protected disclosures (whistleblowing), and employee fraud. Not every concern needs a full investigation, some are better suited to informal resolution or a workplace review. The right response depends on the seriousness and nature of the allegations.
-
Yes, Woven is a New Zealand law firm that specialises exclusively in independent workplace investigations and reviews. The team conducts complex investigations involving senior employees and sensitive matters, as well as simpler investigations and preliminary assessments. They can also co-investigate alongside an organisation's internal ER or HR team, or support organisations running their own process. Woven's investigators are members of the Association of Workplace Investigators (AWI) and the team includes AWI-certified investigators.
-
Once the final report is provided, the organisation is responsible for deciding what action to take based on the findings. This may include disciplinary processes, policy changes or no further action. The complainant and respondent are typically informed of the outcome as it relates to them, in line with natural justice and privacy obligations. Ongoing support for those involved is also important given the impact investigations can have on participants.
-
Investigations are conducted on a confidential basis, with information shared only with those who need to know it to progress the process or make decisions. Complainants, respondents and witnesses are generally asked to keep details of the process confidential to protect its integrity. However, complete confidentiality can't always be guaranteed, particularly if the matter proceeds to a disciplinary process or legal claim. Handling of personal information must also comply with the Privacy Act 2020.
-
You can get in touch with Woven directly by phone or email, or through the contact form on our website to discuss your situation. Woven will review the complaint on a confidential basis (and for no-charge) and provide an estimate of fees and a timeframe before the process begins. We can also help determine whether a full investigation, preliminary assessment, or workplace review is the most appropriate process. From there, we’ll guide you through each step, from Terms of Reference through to the final report.
When complaints are made or problems arise, we can help you figure out what’s really going on.
● Our Expertise
-
At Woven, we specialise in conducting independent, impartial and efficient workplace investigations. We appreciate that the investigation’s integrity depends on the quality of the information we gather and our adherence to a fair process. We are adept at communicating the process, gaining trust and interviewing participants to obtain relevant information. We present our findings to you in a clear and succinct manner. We get you the information you need to take the next steps.
-
Our independent workplace reviews can help you identify and address any issues within a team or workplace early on. When something doesn’t seem right – where there is increased turnover, low employee survey results, high sick leave or informal concerns being raised - we take a deep dive. Our review process identifies what is working well, what is not and what can be done better. We build a rapport with your people to ensure they feel comfortable to share issues that are impacting them at work. We recommend practical steps to address any issues identified . These recommendations enable you to make real improvements to ensure your people are working positively and collaboratively within a safe and supportive working environment.
-
Woven provides tailored investigation training to internal teams. We share the insights we have gained through hundreds of investigation processes. We outline:
investigation best practice,
how to navigate the potential pitfalls that can inevitably arise; and
how to assess evidence and make robust findings.