Past event
Sexual Harassment Workplace Investigations Workshop
This workshop has already taken place
The workshop ran on at Wrest Point, Hobart. Tickets are no longer available. We run this program for individual organisations and schedule new public sessions from time to time — get in touch to talk about running it for your team, or see our Training and Toolkit service.
Workshop Objectives
- Appropriately receive, respond to and manage sexual harassment complaints
- Identify and implement the causes of the infringing behaviour and most effective response action for better outcomes
- Learn and apply the most effective processes for investigating sexual harassment matters
- Create tailored investigation templates for your business to apply into the future for similar matters and/or train others in your team
- Develop and hone existing skills through practising a hypothetical case study and solving common investigation issues
Workshop Agenda
- Introduction to the employees in the workplace
- Receipt of the sexual harassment complaint
- triage issues to identify likely causes of the complaint and alternative methods of resolution;
- implement the right reasonable response action for better outcomes with reference to applicable workplace policies and procedures;
- understand the types of investigations;
- determine whether an investigation is necessary or not;
- understand the implications of applicable enterprise agreements, policies and contracts of employment;
- identify an investigator within the organisation or external;
- claim and maintain legal professional privilege
- create a clearly defined scope letter;
- frame allegations and provide meaningful particulars;
- communicate with relevant parties;
- understand the practical application of legal terms such as standard of proof and natural justice/ procedural fairness;
- prepare an investigation plan including establishing timeframes
Conducting an effective investigations process
- gather evidence;
- decide who to interview and in what order;
- set expectations of stakeholders;
- keep accurate and confidential records;
- determine whether to use experts or not;
- protect confidentiality;
- develop investigative interview techniques and style;
- troubleshoot common investigation issues and legal risks;
- review evidence including resolving issues such as 'credit worthiness' and drawing adverse inferences;
- make well-reasoned findings of fact;
- compile a report
Throughout the workshop, participants will apply the case study to develop their own set of tailored example documents to take back to their workplace and apply, if necessary, at a later stage – as well as the presenter’s own best practice examples . These documents will be supplemented by current case law and actual examples from the presenter’s experience as a lawyer and HR Manager. In addition each participant will also get a workbook, presentation slides and notes to supplement their worked examples.
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