Effective workplace investigations

Workplace investigations are facing increasing scrutiny from the Fair Work Commission (and other bodies), particularly with the rise of adverse action claims.

Ashurst has been conducting its popular Effective Workplace Investigations workshop for over 15 years. It is consistently updated to reflect the risk of adverse action claims, and other developments in areas of law impacting investigation processes and outcomes.

Our one-day workshop introduces a step-by-step process to provide structure and achieve procedural fairness, while managing the legal risks inherent in any investigation process.

Recommended for: Anyone who conducts, reviews or advises on workplace investigations, including those who want a general overview or refresher

Learning outcomes

At the end of this program, participants will understand:

1.  When a workplace investigation is appropriate, including:

• Which process - performance management, safety or misconduct?
• Informal alternatives and when to use them
• Managing the risk of adverse action claims

2.  How to conduct an investigation using our 7-step model:

i.  Understand the issue

ii.  Plan

iii.  Obtain evidence

iv.  Review evidence

v.  Evaluate evidence and make findings

vi.  Write an investigation report

vii.  Determine outcomes

3.  Legal issues impacting on investigations such as standard of proof, privacy, video surveillance, taping conversations, adverse action, defamation, reporting to police, legal professional privilege and the test for unfair dismissal; and

4.  Issues with adapting and applying pro forma documents.

We can also work with you in advance of any training to conduct a gap analysis and review your policies and procedures.

Why Ashurst?

Many of our lawyers are experienced trainers with expertise in developing and facilitating informative, practical and interactive training programs. Our lawyers are also clear, concise and engaging seminar presenters.

Organisations that have benefitted from our Client Tailored Workplace Learning options include the Australian Federal Police, Australian Taxation Office, Bank of America Merrill Lynch, Bank Australia, BOC, David Jones and Country Road Group, Department of the Prime Minister and Cabinet, Ipoh, Mitsui, Monash University, Morgan Stanley, Newcrest Mining Limited, Qantas Airways Limited, University of Queensland, Westpac, and Woolworths.