Workplace Investigations: Getting it Right

This webinar will address the following topics:

1. Scenarios and Types of Investigations: Explore the various situations that may necessitate workplace investigations, including grievances, bullying and harassment complaints, conduct issues, fact-finding investigations, disciplinary proceedings, and investigations into protected disclosures.
2. Policies and Procedures: Discuss the importance of having well-defined policies and procedures in place to guide the investigation process and ensure fairness and consistency.
3. Terms of Reference: Highlight the significance of establishing clear terms of reference for each investigation, outlining the scope, objectives, and boundaries of the investigation.
4. Rights of Representation: Address the rights of individuals involved in the investigation process to have representation, and how to manage this aspect effectively.
5. Conduct of Interviews: Provide insights into best practices for conducting interviews with relevant parties, including witnesses and those under investigation, while ensuring confidentiality and impartiality.
6. Parallel Processes: Consider how concurrent legal or HR processes may impact the investigation and strategies for managing these complexities.
7. Obligations to Disclose and Report: Examine the legal obligations to disclose relevant information and report findings, ensuring transparency and compliance with regulatory requirements.
8. Conflicts of Evidence: Discuss techniques for handling conflicting evidence and reaching fair and reasonable findings and conclusions based on the available information and balance of probability.
9. A Review of Recent Case Law: Explore recent case law relevant to workplace investigations, such as ESB v Sharkey, and implications for investigative practices, including considerations around invoking the right to silence.

By addressing these key aspects, participants will gain practical insights which will enhance their advice to clients. It will also sharpen their proficiency in conducting workplace investigations and reduce legal risks of challenge.