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Workshop Agenda

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

Hypothetical case study:

  • Introduction to the employees in the workplace

  • Receipt of the sexual harassment and bullying complaint

Initial response:

  • Triage issues to identify likely causes of the complaint and alternative methods of resolution;

  • implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;

  • understand the types of investigations;

  • determine whether an investigation is necessary or not;

  • understand the implications of applicable enterprise agreements, policies and contracts of employment;

  • identify an investigator within the organisation or external;

  • claim and maintain legal professional privilege

Planning and preparing for the investication:

  • Triage issues to identify likely causes of the complaint and alternative methods of resolution;

  • implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;

  • understand the types of investigations;

  • determine whether an investigation is necessary or not;

  • understand the implications of applicable enterprise agreements, policies and contracts of employment;

  • identify an investigator within the organisation or external;

  • claim and maintain legal professional privilege

The investigation process:

Conducting an effective investigation process

  • Gather evidence;

  • decide who to interview and in what order;

  • set expectations of stakeholders;

  • keep accurate and confidential records;

  • determine whether to use experts or not;

  • protect confidentiality;

  • develop investigative interview techniques and style;

  • troubleshoot common investigation issues and legal risks;

Finalising the investigation and next steps:

  • Review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;

  • make well-reasoned findings of fact;

  • compile a report

Throughout the workshop, participants will apply the case study to develop their own set of tailored example documents to take back to their workplace and apply, if necessary, at a later stage – as well as the presenter’s own best practice examples. These documents will be supplemented by current case law and actual examples from the presenter’s experience as a lawyer and HR Manager. In addition each participant will also get a workbook, presentation slides and notes to supplement their worked examples.

Key Takeaways:

  • Triage issues to identify likely causes of complaints;

  • Implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;

  • Understand the types of investigations;

  • Determine whether an investigation is necessary or not;

  • Create a clearly defined scope letter;

  • Frame allegations and provide meaningful particulars;

  • Communicate with relevant parties;

  • Understand the practical application of legal terms such as legal professional privilege, applicable standard of proof and natural justice;

  • Prepare an investigation plan;

  • Apply interviewing skills;

  • Troubleshoot common investigation issues;

  • Review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;

  • Make robust findings;

  • Prepare and submit a final report; and

  • Communicate outcomes to relevant stakeholders

HR Law AU Masterclass 2024 Brochure_Draf
David was a great speaker and the content provided was delivered
in a way that was interesting and relevant. I appreciated the practical
examples that David provided and the materials given,
as it will make it easier to share it with the rest of my team.

- Human Resources Advisor, Nintendo Australia

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