About me
I am an Association of Workplace Investigators Certificate Holder.
I am a member of the Association of Workplace Investigators (USA based) and the Australasian Association of Workplace Investigators. I hold a practising certificate issued by the New Zealand Law Society,
I have practised employment law in Auckland for more than 30 years. In the early 1990’s I was a partner at Haigh Lyon (a law firm with a strong reputation in employment law) and in the late 1990’s I practised as a barrister in chambers with a strong employment law focus. In 2000 I started my own law firm, Workplace Law.
Since 2015 I have conducted numerous workplace investigations for banks, councils, hospital boards, corporations, government departments, charities and private businesses. I have investigated allegations of bullying and sexual harassment. I have investigated all kinds of questions such as who was responsible for breach of a company’s food safety obligations, who allowed a council building to fall into dereliction, or who knew what about thefts from a business.
I have conducted cultural reviews for large organisations, to identify issues in the workplace, to ascertain the causes and to recommend strategies to address the issues i identified.
Most of my referrals come from law firms who repeatedly recommend me to their clients, demonstrating the strong confidence my legal colleagues have in my investigative expertise. I am people-friendly so you can trust me to look after your people. I am efficient, to ensure my investigation or review causes minimal disruption to your business. I prepare my interviews carefully. I avoid a ‘legalistic’ approach. Witnesses generally feel at ease with me. I write concisely and in plain English so my investigation report will be easy to read and my recommendations (if you ask for them) will be precise and reasoned.
Investigations
I will give you an initial estimate of time and cost, based on the number of witnesses and complexity of the issues.
My investigation is governed by a document called Terms of Reference. The Terms of Reference describe precisely what you want me to investigate, who you think I should interview, what questions you want me to answer in my Report and the timeframe for issuing my Report. I am able to assist you to write the Terms of Reference.
At all times I observe the fundamental rules of fairness and natural justice. I practise confidentiality and discretion and I take all practical steps to ensure witnesses keep their participation confidential.
I interview witnesses at your workplace or in my own, pleasant, office in Epsom. Often the Terms of Reference require me to obtain signed transcripts or statements from witnesses. Sometimes the Terms of Reference require me to give some witnesses the opportunity to comment on the statements of others, or to comment on a draft Report before I issue my final Report.
I update you by email once a week (or more frequently if appropriate) about my progress, costs to date, plans for the next week and estimated date for issue of my Report. You will know, at all times, what I am doing and why.
My Report will address each issue raised in my Terms of Reference. I will make findings and each finding will be justified by a clear explanation of my reasoning. If you instruct me to make recommendations, I will set out those recommendations precisely and I will justify them. My Report will refer to and be accompanied by all Witness Statements and relevant documents so you have access to all the information I relied on.
Cultural reviews
A cultural review is usually prompted when an employer perceives that something is not right in the workplace. For example, a departing employee may claim in their exit interview that they are resigning because they feel bullied by a certain manager. Or a serious incident of sexual harassment has generated rumours that the serious incident is just the tip of the iceberg.
Sometimes a cultural review is prompted by an employer who wants to ensure it is complying with the Health & Safety at Work Act 2015. Or, an employer wants to develop a positive workplace culture so valuable staff are attracted and retained. Commencing a cultural review can send a welcome message to staff that the employer is taking practical steps to identify and eliminate problem behaviours.
Information from participants in a cultural review is usually (but not always) elicited anonymously. I take notes of each interview. The participants (usually) do not write or sign statements. I take care to ensure I accurately present all relevant viewpoints without inadvertently disclosing who said what.
A cultural review is, like any investigation, governed by Terms of Reference. The scope of the cultural review might include:
Issues raised by employees and solutions suggested by employees.
Whether there are issues of sexual harassment, bullying or other inappropriate conduct.
Whether employees feel able to report inappropriate behaviour and, if not, what actual or perceived barriers prevent them from doing so.
At all times I observe the fundamental rules of fairness and natural justice. I practise confidentiality and discretion and I ensure the participation of all participants is kept confidential.
I interview participants at your workplace or in my own, pleasant, office in Epsom (or any other convenient location).
I update you by email once a week (or more frequently if appropriate) about my progress, costs to date, plans for the next week and estimated date for issue of my Report.
My Report will address each issue raised in my Terms of Reference. I will make findings and each finding will be justified by a clear explanation of my reasoning. If you instruct me to make recommendations I will set out those recommendations precisely and I will justify them.
Testimonials
“Thank you for your preliminary report which I have of course read with much interest. I have no comments other than to say that the report is well laid out and shows a very high level of investigation and focus on the facts.
In addition I would also like to make comments about how you have dealt with me and the process. I have found you to be tremendously professional with a compassion and caring side. In my dealings with you I have always known where in the process we are and what you needed from me or the next steps.
As you will imagine this has been a tremendously difficult and stressful time but I wanted to go on record by saying that your approach has certainly helped me cope.”
— Investigation witness
“Thank you for your approach in the meeting. It is a very stressful time especially when your integrity is being questioned.”
— Investigation witness
“I want to thank you for your professionalism throughout this process and for giving me the opportunity to provide my feedback and comments, that has helped greatly.”
— Investigation witness
We would not have secured these insights if our people had not felt able to place their trust in you…. You looked after our people and we, as an organisation, will emerge stronger from this.
— Employer Client
That was an amazing report Margaret! Hit the nail right on the head!
— Employer Client
Thank you for bringing calm to a very heated situation. Everyone says they feel heard. Whether they still feel that way after you issue your report I don’t know but that’s the feedback so far.
— Employer Client
Thank you again Margaret for your informative weekly updates. We are happy about the costs so far and your amended estimate.
— Employer Client
I must say I was anticipating a report that would take me all weekend to read. Margaret thank you for boiling it down so concisely. I understand it and I particularly appreciate your insightful recommendations. Send your invoice!
— Employer Client
[Our client] needs a quick, no nonsense investigation that doesn’t cost an arm and a leg. I immediately thought of you!
— Lawyer
Yours was the first name that came to mind and I’m really happy they reached out to you.
— Lawyer
Contact me
mrobins@workplaceinvestigator.co.nz
027 270 1057
153 St Andrews Road,
Epsom
Auckland 1023