Employment Law Update 2018

An intensive 1-day insight to ensure you comply and are prepared for the negotiating table

Event Details
separately bookable workshop
Conducting a sufficient investigation particularly with respect to harassment & discrimination complaints
25 September | 9.00am - 12.30pm

Investigations represent an opportunity to deal with significant employment issues but also present a significant risk to both you and employees if conducted incorrectly. With significant increases in complaints likely in an environment of heightened awareness post-Weinstein, this workshop gives you practical lessons on how to conduct a proper and thorough investigation with insight and sensitivity, avoiding making a costly mistake during the process.

  • What constitutes “sufficient investigation” in the eyes of the Employment Court and what scope and detail do you need?  
  • A step-by-step guide to putting together an employee investigation - Special considerations in conducting an investigation over sensitive claims - Special protections for both the complainant and employees involved in the investigation
  • Developing questioning skills and conducting interviews
  • Taking things seriously? What constitutes the subject matter of a complaint – when is a threshold to act reached?
  • How to walk the minefield of conflicting information and misleading answers
  • Avoiding wasting time in the investigations process
  • Consulting with staff and adequately explaining the situation - Balancing need to know vs privacy considerations
  • Managing the rights and expectations of all parties involved
  • Looking at and learning from recent case law - where have employers gone wrong with employee investigations
  • Concluding and communicating the investigation

Tim Clarke

Partner

Bell Gully

Tim is a litigation partner at Bell Gully and leads the national Employment and Workplace Safety practice. He provides expert advice on all aspects of employment law including disciplinary and personal grievance hearings, restraints of trade and the protection of goodwill and confidential information, restructuring and redundancy proposals, and exit packages. An experienced health and safety lawyer, Tim advises clients on all aspects of health and safety law. He regularly represents clients in WorkSafe investigations and appears as counsel in criminal prosecutions.

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