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.
Intro Class: Sep 22 (6-8) then Oct 16, 17 & 30, 31 (9-5)
class participation (15%), class presentation (15%) and assignment (70%)
This unit has a restricted class size. Priority will be given to students who are currently completing a Sydney Law School master's degree or graduate diploma. Academic Profile https://sydney.edu.au/law/about/our-visitors.html.
LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students)