Conducting Workplace Investigations (LAWS90086)
Graduate courseworkPoints: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
Contact information
September
Coordinators
Rose Bryant-Smith
Jodie Fox
law-masters@unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | September |
|---|---|
| Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
Complaints of bullying, harassment, discrimination and other interpersonal grievances have become commonplace. Employers’ disciplinary decisions in relation to misconduct are also subject to increased scrutiny by courts and tribunals. A fair and thorough workplace investigation provides the foundation for taking, and if necessary defending, disciplinary and other action by an employer in response to any workplace issue. This subject explores the current legal framework applying to workplace investigations in Australia and proposes a structure for conducting investigations to minimise risk.
This subject analyses the current law in Australia governing the investigation of complaints and conduct concerns in the workplace. It also explores various structures for undertaking effective and fair workplace investigations in this rapidly developing area of practice.
Principal topics include:
- Analysing the legal framework (federal and state) impacting upon workplace investigations in Australia
- Understanding what a workplace investigation is, and distinguishing investigations from other workplace processes
- The basic structure of an investigation
- Identifying the relevant scope of an investigation, including drafting allegations
- Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator and work arrangements during the investigation
- Addressing other threshold issues prior to commencing an investigation, including appropriate roles of stakeholders
- Gathering information relevant to the scope of the investigation
- An examination of relevant principles of procedural fairness/natural justice - the bias rule and the hearing rule
- Making findings - evaluating the information gathered; applying the relevant legal tests, burden of proof and standard of proof and assessing credibility
- Applying the findings of an investigation in a disciplinary context, the role of the decision-maker, and implementing and communicating outcomes
- Learnings from overseas jurisdictions and potential for future developments in the field.
Intended learning outcomes
A student who has successfully completed this subject will:
Be able to demonstrate judgment and technical skills as a practitioner in the field of workplace investigations, in the capacity of:
- external or internal investigator.
- advisor to employers or participants (complainant, respondent, witness).
- decision maker on investigation findings and outcomes.
Have the demonstrated capacity to:
- draft procedurally fair allegations.
- prepare the scope or terms of reference of an investigation and an investigation plan.
- identify the issues in managing participants, conducting interviews and gathering other information.
Students will also have:
- an advanced understanding of the legal principles applying to workplace investigations in Australia, focusing on recent developments in this field of law.
- an ability to critically assess how those legal principles inform and guide the conduct of workplace investigations in practice.
- an ability to determine the circumstances in which a workplace investigation is appropriate, compared with other processes.
- an advanced understanding of how the principles of natural justice impact the conduct of workplace investigations at each stage.
- the cognitive and technical skills to assess the information gathered as part of an investigation and make sound and defensible findings.
- the communication skills to clearly articulate and convey the allegations and findings in an investigation to participants and other stakeholders.
- the abiltity to be an engaged participant in debate regarding the relative merits of different structures and strategies for conducting a workplace investigation.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Individual in-class exercise
| During the teaching period | 10% |
Short analysis exercise due on last day of class | End of the teaching period | 20% |
Take-home examination
| 6 - 9 November | 60% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- September
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 31 August 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 28 September 2020 to 2 October 2020 Last self-enrol date 4 September 2020 Census date 29 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 9 November 2020 September contact information
Coordinators
Rose Bryant-Smith
Jodie Fox
law-masters@unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022