Complaints of bullying, harassment, discrimination and other interpersonal grievances have become commonplace. Employers’ disciplinary decisions in relation to misconduct are also subject to increased scrutiny by courts and tribunals.
A fair and thorough workplace investigation provides the foundation for taking, and if necessary, defending, disciplinary and other action by an employer in response to any workplace issue.
This intensive training course, based on the Masters of Law subject Conducting Workplace Investigations” developed by Worklogic for the Melbourne Law School, University of Melbourne, explores the current legal framework applying to workplace investigations in Australia and proposes a structure for conducting investigations to minimise risk.
Who should attend?
The course is designed to deliver the advanced technical skills, knowledge and judgement necessary for practitioners in the field of workplace investigations, including lawyers advising employers or participants, internal and external investigators and senior managers commissioning investigations and making decisions based on findings.
What will I learn?
Over 4 days, we analyse the current law in Australia governing the investigation of complaints and conduct concerns in the workplace. It also explores various structures for undertaking effective and fair workplace investigations in this rapidly developing area of practice.
Principal topics include:
- Analysing the legal framework (federal and state) impacting upon workplace investigations in Australia
- Understanding what a workplace investigation is, and distinguishing investigations from other workplace processes. The basic structure of an investigation and an introduction to procedural fairness.
- Drafting Allegations and Identifying the relevant scope of an investigation
- Planning the Investigation. Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator and work arrangements during the investigation
- Communicating with participants. Addressing other threshold issues prior to commencing an investigation, including appropriate roles of stakeholders
- Further Allegation drafting. Gathering information relevant to the scope of the investigation.
- Rules of Evidence. Contradictory evidence and identifying different types of evidence.
- Mastering Interview technique
- Making findings – evaluating the information gathered; applying the relevant legal tests, burden of proof and standard of proof and assessing credibility
- Applying the findings of an investigation in a disciplinary context, the role of the decision-maker, and implementing and communicating outcomes
- Learnings from overseas jurisdictions and potential for future developments in the field.
- Emerging issues in investigations: sexual harassment, whistle-blower protection & reportable conduct
- Professional ethics and investigator wellbeing
Check out the course outline here: Mastering Investigations- Outline- 4 day Course
How much does it cost?
The standard course cost is $4,250 (inclusive of GST). If you would prefer to pay via invoice please email training@worklogic.com.au
All event attendees will receive a complimentary copy of Worklogic’s book Workplace Investigations, published by Wolters Kluwer upon completing the course.
