Course Details

Workplace Investigations: Legal and Ethical Approaches Training Course

INTRODUCTION

This essential training course provides comprehensive knowledge and practical skills for conducting professional, legally sound, and ethically robust workplace investigations. Recognizing that effective investigations are critical for addressing misconduct, resolving disputes, mitigating legal risks, and maintaining a fair and respectful work environment, this program equips participants with a systematic approach to planning, executing, and reporting on sensitive workplace matters. Participants will gain deep insights into evidence collection, interviewing techniques, credibility assessments, and ensuring due process, all crucial for upholding organizational integrity and trust. This course is ideal for HR professionals, legal counsel, compliance officers, managers, and anyone tasked with uncovering facts and recommending actions in workplace incidents.

DURATION

5 days

TARGET AUDIENCE

This course is specifically designed for professionals responsible for conducting or overseeing internal investigations within organizations, including:

• Human Resources (HR) professionals and managers.
• In-house legal counsel and paralegals.
• Compliance officers and managers.
• Internal auditors and risk managers.
• Senior managers and supervisors with investigative responsibilities.

OBJECTIVES

Upon completion of this course, participants will be able to:

• Understand the legal and ethical framework governing workplace investigations.
• Plan and scope investigations effectively, ensuring fairness and impartiality.
• Apply systematic techniques for gathering, preserving, and analyzing evidence.
• Conduct effective and legally sound interviews with complainants, witnesses, and subjects.
• Produce clear, credible, and defensible investigation reports.

MODULES

Module 1: Foundations of Workplace Investigations

• Define workplace investigations and their purpose in addressing misconduct and resolving disputes.
• Explore the legal and ethical obligations to investigate workplace issues (e.g., harassment, discrimination, fraud).
• Understand the consequences of poorly conducted investigations for organizations and individuals.
• Discuss the principles of impartiality, fairness, and confidentiality in investigations.
• Examine different types of workplace investigations (e.g., disciplinary, harassment, whistleblower).

Module 2: Legal Framework for Investigations

• Understand key employment laws and regulations relevant to workplace investigations (e.g., anti-discrimination laws, privacy laws, labor acts).
• Discuss legal privileges (e.g., attorney-client privilege) and their implications for investigations.
• Explore the duty to investigate and potential liabilities for failing to do so effectively.
• Examine the legal rights of individuals involved in investigations (e.g., due process, right to representation).
• Understand the evidentiary standards required for disciplinary action.

Module 3: Planning and Scoping the Investigation

• Develop a clear investigation plan, including objectives, scope, and timeline.
• Identify the allegations, relevant policies, and potential legal issues.
• Determine the appropriate investigative team and resources.
• Plan for initial evidence preservation and data collection.
• Discuss the importance of a conflict-of-interest assessment for investigators.

Module 4: Evidence Gathering and Preservation

• Understand various types of evidence relevant to workplace investigations (e.g., documentary, digital, testimonial).
• Learn techniques for collecting, organizing, and securing physical evidence.
• Explore best practices for managing and preserving electronic evidence (e.g., emails, chat logs, social media).
• Discuss chain of custody principles and their importance for evidentiary integrity.
• Address challenges in obtaining evidence, such as non-cooperation or deleted data.

Module 5: Conducting Effective Interviews

• Understand the purpose and goals of different types of interviews (complainant, witness, subject).
• Develop effective interview strategies, including question techniques (open-ended, probing).
• Learn about active listening, non-verbal cues, and managing challenging interviewees.
• Discuss best practices for documenting interviews (e.g., note-taking, recordings).
• Explore legal and ethical considerations in interviews (e.g., warnings, representation).

Module 6: Analyzing Evidence and Assessing Credibility

• Develop systematic methods for analyzing collected evidence and identifying patterns.
• Learn techniques for assessing credibility of witnesses and subjects (e.g., consistency, corroboration, motive).
• Discuss how to handle conflicting accounts and inconclusive evidence.
• Understand the importance of logical reasoning and avoiding confirmation bias.
• Formulate preliminary findings based on the evidence.

Module 7: Reporting Investigation Outcomes

• Structure a clear, concise, and objective investigation report.
• Learn to present facts, findings, and conclusions logically and without bias.
• Discuss methods for articulating recommendations based on the investigation's findings.
• Explore the audience for investigation reports and tailoring content accordingly.
• Understand legal and ethical considerations in report writing and dissemination.

Module 8: Post-Investigation Actions and Best Practices

• Understand the process for implementing recommendations and corrective actions.
• Discuss legal and HR considerations for disciplinary action, performance management, or policy changes.
• Explore strategies for communicating outcomes to relevant parties (e.g., complainant, subject, management).
• Examine the importance of follow-up and monitoring to ensure effectiveness.
• Learn from past investigations to enhance future investigative processes and overall compliance.

CERTIFICATION

• Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

• Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

• Airport pick up and accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com