Workplace Bullying Investigations

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

EXPERIENCED WORKPLACE BULLYING INVESTIGATORS

Over the past 15 years, we’ve conducted hundreds of workplace bullying and harassment investigations in New Zealand and Australia across a wide range of industries and at all levels of complexity.

We are experts on what workplace bullying looks like, how people react to bullying in the workplace and the impacts of bullying on individuals and teams. We work closely with employment law experts and HR consultants to ensure we stay at the forefront of developments in this space so that our investigations are always conducted according to the latest knowledge and case law around this subject.

What to Do When a Workplace Bullying Complaint Is Raised

When a complaint of workplace bullying comes to your attention, it is wise to contact an external specialist workplace bullying consultant straight away to determine the best course of action. The actions you should take will differ depending on the situation.

Employers must properly raise their concerns with the person who is the subject of the bullying complaint. This involves telling the employee that a complaint has been made, providing all relevant supporting information and letting them know that disciplinary action is a possibility.

In situations where there may be a risk of further bullying taking place eg. the complainant and the subject employee work closely together, action should be taken to protect the complainant. This may involve standing the subject employee down pending the outcome of an investigation. This decision should not be made lightly. A specialist investigator can advise you about when it is appropriate to suspend an employee.

How Workplace Bullying Complaints Are Investigated

Workplace bullying is a serious health and safety risk. The Health and Safety at Work Act 2015 (HSWA) requires you to immediately address complaints of bullying. Even if the worker does not want to make a formal complaint, it is important to take action. This will usually involve conducting a formal independent investigation to determine the facts.

Sometimes, investigations into workplace bullying can be tricky, particularly when the alleged incidents have not been witnessed by anyone else, or the allegations are vague and lack detail. In these situations, an experienced investigator can advise you on how best to proceed.

When a complaint of bullying is raised, employers should treat the complaint seriously and conduct a fair and rigorous factual investigation. Investigations must be impartial and fair to all parties involved, and all parties should be informed of the process and kept up to date with progress.

It is important that the investigation is conducted by an experienced investigator with training in the rules of evidence, the standard of proof and the rules of procedural fairness. A specialist workplace bullying investigator will be up to date with the latest case law around workplace bullying and will know the best way to manage the investigation.

Industry Experience in Workplace Bullying Investigations

Our investigators have conducted workplace bullying investigations across a wide range of sectors in New Zealand and Australia, including government, community services, financial services, research organisations, export businesses and not-for-profit services. This broad industry experience helps us manage bullying complaints in a way that is fair, practical and suited to the realities of each workplace.

Just some of the sectors we’ve worked in locally;

Local Government
Community services
Insurance
Banking and finance
Agricultural research
Export companies
Animal welfare
Domestic Violence support services

ENGAGING SYNERGY WORKPLACE INVESTIGATIONS

How to Get Started With a Workplace Bullying Investigation

When an organisation receives a workplace bullying complaint, it is important to act promptly and ensure the matter is handled fairly and professionally. Engaging an independent workplace investigator helps ensure the process is impartial and that all parties are treated with procedural fairness.

Our workplace bullying investigations generally follow a structured process.

1. Initial Consultation

We begin with a confidential discussion with the organisation to understand the nature of the bullying complaint and the workplace context. During this stage we identify the key issues, assess whether a formal investigation is appropriate and discuss the best approach for addressing the complaint.

2. Terms of Reference

A clear Terms of Reference document is prepared to define the scope of the investigation. This document outlines the allegations to be examined, the relevant workplace policies or standards, and the specific questions the investigation will address.

3. Investigation Planning

The investigator prepares an investigation plan, identifying relevant witnesses, documents and evidence that may need to be reviewed. This ensures the investigation is conducted in a thorough and structured manner.

4. Interviews and Evidence Gathering

The investigator conducts interviews with the complainant, respondent and relevant witnesses. Documentary evidence such as emails, policies or internal communications may also be reviewed as part of the investigation process.

5. Findings and Investigation Report

Once the evidence has been assessed, the investigator prepares a detailed investigation report outlining the findings. The report assists the organisation in determining whether workplace bullying has occurred and what actions may be appropriate.

6. Next Steps for the Organisation

Following the investigation, organisations may consider disciplinary action, mediation, training or workplace culture improvements depending on the findings. Our investigators can also provide guidance on appropriate next steps.