Workplace Investigations
LAWS6305
Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as fraud/theft, violence, and safety and other breaches. In order to take disciplinary and other action, a proper factual foundation must be established, through a workplace investigation. This unit of study provides a framework for conducting effective and fair workplace investigations. It provides an overview of the legal risks that arise from poorly conducted investigations and draws relevant principles from current case law, including unfair dismissal decisions and breach of contract cases examining the implied duty of mutual trust and confidence. We consider how concepts of 'procedural fairness' and 'natural justice' impact each stage of a workplace investigation, including: Establishing the scope of the investigation and particularizing the alleged complaint or misconduct; Preparing an Investigation Plan; Conducting interviews and gathering information; Managing participants, including stand down/suspension; and Evaluating information and making findings, applying the relevant standard of proof.
Unit of study details
Unit of study level: Postgraduate
Credit points: 6
Commencing semesters: 104
Further unit of study information
Unit of study handbook: LAWS6305
Costs and scholarships information: Costs and Scholarships
Final dates to withdraw from units of study: Census Dates
Available for study abroad and exchange: No