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Sexual Harassment: Conducting a Mock Investigation 

Sexual Harassment: Conducting a Mock Investigation 

Sexual Harassment: Conducting a Mock Investigation 

Performance Management, Misconduct, Investigation and Disciplinary Processes for Serious Misconduct 

Workshop A

Pages from HR Law AU Masterclass Brochure

 22 September 2026

Registration and welcome coffee: 8:30am / Course duration: 9:00am-4:30pm, including networking breaks 

HR professionals and managers need to be equipped to be able to manage both performance management and misconduct processes.  It is imperative that they are able to understand the distinction between them, the processes for and the graduated warning system. 

 

Workplace investigations in New Zealand are under increasing scrutiny, particularly where process failures create exposure to unjustified disadvantage and unjustified dismissal claims.   Employers must balance procedural fairness requirements with psychologically safe investigation practices, while managing risk across sensitive matters including bullying and harassment.   

 

This practical workshop provides HR and legal leaders with a defensible framework for planning and conducting performance management and misconduct processes, investigations and disciplinary processes for serious misconduct.   

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Key Learning Outcomes

Planning and executing a performance management process from drafting the Performance Improvement Plan through to termination of employment. 

Addressing misconduct issues through the graduated warning system. 

Considering whether an investigation should be internal or external. 

Steps following an investigation including potential disciplinary action, restoring the employment relationship and wider team communication.   

Understanding the distinction between performance issues and misconduct issues. 

Knowing when to commence an investigation process and when an employer can justify proceeding straight to a disciplinary process. 

The steps to take during an investigation process. 

The relationship between processes to terminate for serious misconduct and the new remedies sections of the Employment Relations Amendment Act 2026. 

Workshop Facilitators

Nicola-Cuervo

Nicola Cuervo

Partner

Lane Neave

Auckland
Maria-Green

Maria Green

Special Counsel

Lane Neave

Wellington
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