Investigation delivery timelines

Investigation delivery timelines are often expressed as as “soon as possible” or may be set at a date a few weeks away from the finalised TOR being provided to the investigator.

The timeframe should be realistic; reviewing documents and planning approach, sequencing of interviews, provision of complainant and witness transcripts to a respondent in advance of an interview, time for the investigator to consider information gathered and prepare questions, participant and representative availability, writing a draft report and seeking comment on it will all impact reaching the end date.

I will make every effort to complete investigations promptly, but this will be balanced with ensuring sound process, fairness, and reasonableness toward participants and representative availability.

Investigator available

Yes, I am currently available for workplace investigations, so I welcome contact about that.

However, it is always helpful to check:

• When do you expect completion of preliminary matters such as consulting involved parties on a draft Terms of Reference?

• What is a reasonable time for the investigation given the potential number of people to interview, complexity of issues involved, any known upcoming absence of participants

• Given the above points whether I have other upcoming commitments that could affect completing the investigation in a reasonable time?

And if my commitments are such that I am not available, or they will materially affect the time, I will say so and I completely understand your need to move on and make that next call.

Who is the employer at Gloriavale?

Seems to me that Chief Judge Christina Inglis is inviting through counsel for those in charge at Gloriavale to 'do the right thing' and come on board with what she believes to be important matters of equity and good conscience. Hopefully the Overseeing Shepherd and leadership of Gloriavale's ship of morality has not entirely sailed.

As Chief Judge Christina Inglis describes it:

[183] Where does all of this lead? Generally speaking it would be regrettable for a worker’s claim for employment status to be defeated simply because they have proceeded against, for example, one corporate entity within a complex corporate structure only to find that the evidence discloses that another entity within the same structure was the true employer. I have reservations about whether the Court’s hands would be tied to the pleadings in such circumstances. No counsel suggested that they would be but nor did any counsel tackle the pleadings point directly. In the circumstances I consider it appropriate to adjourn determination of the employer identity issue. In particular I wish to provide an opportunity for counsel to be heard on the issue I have identified, including (if the point is contested) the nature and scope of the Court’s powers under ss 189 (equity and good conscience jurisdiction) and 221 (conferring power on the Court at any stage of proceedings of its own motion or on the application of any party to make directions, including joinder and the amendment or waiver of defects in proceedings, and disposing of matters before it according to substantial merits and equities).

Photo by David Dibert on Unsplash.

Employment Court decides how long to wait for Uber in our Covid-19 world

A decision released by the New Zealand Employment Court on 19 March 2020 decides how long to wait for the attendance of a witness and representative for Uber in our Covid-19 world.

[17] At this stage, the insurmountable difficulty for Uber is the two-week isolation period required of visitors coming to New Zealand. The outcome, in my view, that best balances the interests of the parties in the current circumstances is to adjourn the proceeding for a set period that would allow the representative and witness to come to New Zealand, isolate in accordance with the current requirements, and then attend at Court. I acknowledge that having two key employees in isolation in New Zealand will create some issues for Uber. Those issues can be ameliorated by adjourning the hearing for not less than eight weeks. This timeframe would allow Uber to put in place mechanisms by which those people could maintain contact and engage with the work of Uber while they are in isolation.

https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2020-NZEmpC-35-Arachchige-v-Rasier-NZ-Ltd-and-Uber-B.V.-Interlocutory-Judgment.pdf

South Sudan - a peaceful Christmas wish

Recent txt message to a contact in South Sudan - "how are things going for you and the team?"

Response "Ok at moment but waiting. Gov troops being sent places. Rebels still recruiting by force. Can't travel by road".

After a long and bloody civil war in Sudan, and the creation of South Sudan after the referendum, a period of uncertain peace is heading into ongoing inter-tribal conflict.

The impact on the local people in South Sudan is significant - severe restrictions on travel, lack of food and essential supplies, fear of further violence against locals and aid agencies alike. Far from ideal conditions for building the identity and infrastructure for a new country.

To all the wonderful people we met in the south of Sudan in 2010 (now South Sudan) our sincere wish to you for a peaceful Christmas and a safe 2017.

We can all give a thought or small action to support our global brothers and sisters who are not enjoying the safety and security many of us enjoy every day, and every year.