Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as Code of Conduct breaches, fraud/theft, and safety and other breaches. In order to take, and if necessary defend, disciplinary and other action, a proper factual and legal foundation must be established, through a workplace investigation. We also specifically consider how concepts of procedural fairness and natural justice impact a workplace investigation. The unit explores the various stages of a workplace investigation, including: (1) establishing the scope of the investigation and particularizing the alleged complaint or misconduct; (2) conducting interviews and gathering other information; (3) managing participants, including stand down/suspension; (4) evaluating information and making findings applying the relevant standard of proof and legal test(s); and (5) implementing investigation findings. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Academic unit | Law |
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Credit points | 6 |
Prerequisites
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None |
Corequisites
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None |
Prohibitions
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None |
Assumed knowledge
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LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students) |
Available to study abroad and exchange students | No |
Teaching staff
Coordinator | Kate Peterson, kate.peterson@sydney.edu.au |
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