Corrections review finds shortcomings in 'complex' employment investigations

Corrections has acknowledged shortcomings in the way it handles "complex" employment investigations saying it may have wrongly applied employees' right to silence as well as an "aversion to risk of personal grievance".

It comes as figures released under the Official Information Act (OIA) reveal that as of July 37 staff were subject to employment investigations - eight of which had been ongoing for more than 200 days including a sexual harassment investigation lasting 561 days and a bullying investigation lasting 626 days.

As of this week, there are 39 staff on suspension amid investigations, one of whom has been suspended for more than two years.

Corrections' Deputy Chief Executive of people and capability Rebecca Powell said in response to the OIA that the "overwhelming majority" of the 11,000 staff at Corrections "act with integrity, honesty and professionalism in what is often a high pressure and challenging environment".

"When staff do not meet the standards required of them, we take action."

Powell said Corrections had been "actively progressing work" to improve the case management of employment processes.

• Do you know more? Email sam.sherwood@rnz.co.nz

In August, they also implemented an aged case review process for "complex cases, or where employees have been suspended for more than six months".

"The purpose of this process is to gain an in-depth understanding of the allegations about the person, the process engaged to date and identify options and opportunities to progress the matters."

As a result of the process, Corrections had identified some "early insights", Powell said.

"Including that we may be unduly limiting our engagement with employees who are suspended due to a misapplication of their right to silence; an aversion to risk of personal grievance, without adequate consideration and management of other risks; and the need for staff supporting employment processes to have an improved understanding of the criminal process."

As of October 7, there were 11 cases within scope of the review. Powell said Correction's people and services team were actively working with the decision makers for each case to "provide visibility and support to progress the recommendations".

The OIA provides a breakdown of the staff under employment investigation as of July 27.

There were 37 staff with investigations into allegations including bullying, inappropriate behaviour, inappropriate relationships, sexual harassment and use of force.

Eight of the investigations related to sexual harassment, with one investigation lasting 561 days. Twenty-six of those staff had been suspended from work.

There were also eight Corrections staff facing Police charges.

On Thursday, Corrections provided updated numbers which reveal there are 39 staff on suspension.

Of those staff, 11 have been suspended for less than three months, 18 for between three to six months, eight for between six to 12 months, one for between one and two years and one staffer has been suspended for more than two years.

Powell said all situations were managed on a "case-by-case basis" considering circumstances in line with the relevant internal policies and procedures as well as Corrections' code of conduct.

"Where a situation involves potential misconduct or serious misconduct, disciplinary action may result, which could include warnings, the termination of employment, the cancellation of a contract, or the removal of authority to be on Corrections' sites."

She said Corrections' integrity team provided "high-quality specialist investigation services and advice", adding that the organisation also had clear policies encouraging staff to speak up.

Corrections also has a nationwide programme underway to eliminate sexual harassment, with over 5500 of the 11,000 staff having completed the Understanding Sexual Harassment training.