SEXUAL HARASSMENT Investigations

Synergy Workplace Investigations conducts independent sexual harassment investigations for organisations across New Zealand. Our experienced workplace investigators assist employers to respond to sexual harassment complaints fairly, professionally and in accordance with procedural fairness requirements.

Experienced Sexual Harassment Investigators

Under the Employment Relations Act 2000 and the Human Rights Act 1993, employees are protected from sexual harassment. Behaviour that amounts to sexual harassment may be unlawful and constitute misconduct. That’s why it’s important to treat all allegations of sexual harassment seriously.

Allegations of sexual harassment can be very difficult to investigate because sexual harassment often occurs covertly. There are often no witnesses to corroborate a complainant’s story. An additional consideration is the potential damage caused to a person’s career and mental wellbeing as a result of false or unsubstantiated allegations of sexual harassment. That’s why allegations of sexual harassment need to be handled with great care.

Our team of experienced workplace investigators has extensive experience managing sexual harassment complaints. We can guide you through the initial steps after receiving a complaint of sexual harassment, advise you on how to manage the parties to the complaint to mitigate any risks, and conduct a thorough, procedurally sound investigation. Our employment law specialists can then advise you on how best to manage disciplinary processes.

What Sexual Harassment Can Include

Under the Human Rights Act 1993, sexual harassment is defined as any unwelcome or offensive sexual behaviour that is repeated, or is serious enough to have a harmful effect, or which contains an implied or overt promise of preferential treatment, or an implied or overt threat of detrimental treatment.

Sexual harassment can include written, spoken, physical or visual acts and behaviour that occurs both in the workplace or outside the workplace. It can occur in person, through text messaging, or online through email, internet chat rooms or other social media channels.

Occasional compliments – not of a sexual nature, mutual attractions or friendships and consensual and acceptable behaviours are not sexual harassment. The Employment New Zealand web site has more information about the sorts of behaviours that constitute sexual harassment.

Responding to Sexual Harassment Complaints in the Workplace

It is important to act as soon as an allegation of sexual harassment is raised, even if the disclosure is informal. Employers should take immediate steps to protect the person making the disclosure from further harm and to ensure the matter is handled seriously and professionally.

Sexual harassment matters are often highly sensitive and emotionally charged. When the investigator is known to one or both parties, concerns about bias, confidentiality and fairness can undermine trust in the process, even where no actual bias exists.

An independent workplace investigator is often the best option when sexual harassment complaints arise. External investigators can conduct a sensitive, confidential and impartial investigation that gives both parties greater confidence in the process and the outcome.

Supporting Employers With Policy and Prevention

Effective sexual harassment policies and reporting procedures help organisations respond to complaints consistently and lawfully. Employers should have a clear written policy outlining unacceptable conduct, examples of unlawful behaviour and a safe process for reporting concerns.

In addition to conducting investigations, our team can assist with policy development and workplace training to help organisations reduce risk and create safer, more respectful workplaces.

STEPS FOR LAUNCHING AN INDEPENDENT INVESTIGATION

1. Initial Consultation

We begin with a confidential discussion to understand the complaint, the workplace context and any immediate risks. At this stage we can advise whether a formal sexual harassment investigation is appropriate and what immediate protective steps may be required.

2. Protecting the Parties

Organisations may need to implement temporary measures to protect both parties from further harm, victimisation or unnecessary workplace contact while the matter is being investigated. Support options should also be made available.

3. Terms of Reference

A clear Terms of Reference document is prepared to define the scope of the investigation, the allegations to be examined and the policies or legal standards that apply.

4. Interviews and Evidence Gathering

The investigator interviews the complainant, respondent and relevant witnesses, and reviews available evidence such as emails, messages, policies and workplace records.

5. Findings and Investigation Report

A detailed investigation report is prepared outlining the allegations, evidence considered and findings. This assists the organisation in deciding what action may be appropriate.

6. Next Steps for the Organisation

Following the investigation, employers may need to consider disciplinary action, mediation, training, policy improvements or broader workplace culture responses depending on the findings.

Industry Experience in Workplace Investigations

Our investigators have conducted workplace investigations across a wide range of sectors in New Zealand and Australia, including government, corporate organisations, healthcare, education and community services. This broad experience helps us manage sexual harassment complaints in a way that is fair, practical and suited to the realities of each workplace.