Workshop Agenda
Registration and welcome coffee: 8:30am
Course duration: 9:00am-4:30pm, including networking breaks
Hypothetical case study:
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Introduction to the employees in the workplace
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Receipt of the sexual harassment and bullying complaint
Initial response:
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Triage issues to identify likely causes of the complaint and alternative methods of resolution;
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implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;
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understand the types of investigations;
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determine whether an investigation is necessary or not;
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understand the implications of applicable enterprise agreements, policies and contracts of employment;
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identify an investigator within the organisation or external;
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claim and maintain legal professional privilege
Planning and preparing for the investication:
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Triage issues to identify likely causes of the complaint and alternative methods of resolution;
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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
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Gather evidence;
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decide who to interview and in what order;
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set expectations of stakeholders;
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keep accurate and confidential records;
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determine whether to use experts or not;
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protect confidentiality;
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develop investigative interview techniques and style;
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troubleshoot common investigation issues and legal risks;
Finalising the investigation and next steps:
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Review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;
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make well-reasoned findings of fact;
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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:
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Triage issues to identify likely causes of complaints;
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Implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;
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Understand the types of investigations;
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Determine whether an investigation is necessary or not;
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Create a clearly defined scope letter;
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Frame allegations and provide meaningful particulars;
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Communicate with relevant parties;
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Understand the practical application of legal terms such as legal professional privilege, applicable standard of proof and natural justice;
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Prepare an investigation plan;
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Apply interviewing skills;
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Troubleshoot common investigation issues;
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Review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;
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Make robust findings;
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Prepare and submit a final report; and
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Communicate outcomes to relevant stakeholders