LAWS6305 - Workplace Investigations

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.

Assumed knowledge

LAWS6252 - Legal Reasoning and the Common Law System or a law degree from a common law jurisdiction and LAWS6071 - Labour Law

Assessment

• Class Participation including Individual In-Class Exercises (25%)
• Group In-Class Exercises (25%)
• Take-home exam (50%)

Session

Please note: This unit has a restricted class size.

Semester 1 Intensive
Introduction Class: 3 April 2013 (6-8)
19, 20 April & 3, 4 May 2013 (9-5)

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Legal Professional Development (LPD)

You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.

Courses this unit is available in

Master of Laws | Master of Global Law | Graduate Diploma in Law | Master of Labour Law and Relations