UnitLevel 5Postgraduate

LAW5432 Workplace investigations and misconduct

Faculty of Law

LAW5432 Workplace investigations and misconduct is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2021. It has no prerequisites.

Credit points
6
Offered in 2021
Other periods
Monash Law Chambers
Assessment
No exam
4 tasks

This is the 2021 handbook entry. See the 2027 entry.

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Overview

This unit explores the legal framework for workplace investigations in the private and public sectors in Australia and the role and significance of such investigations for discipline, job security, worker and workplace safety, compliance with laws and employment relations. Conducting an investigation in accordance with employment and administrative laws will be analysed; and the rights and obligations of employers, employees, witnesses and decision makers will be explored. Topics covered will include investigations into employee misconduct in the public and private sectors - legal issues; conducting workplace investigations of misconduct of employees; review of Federal and State legislative proposals concerning bullying and internal investigations; and the role of other bodies including the Fair Work Commission and the Fair Work Ombudsman, the Australian Human Rights Commission and the Victorian Equal Opportunity and Human Rights Commission, in investigating employee misconduct.

Offerings in 2021

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus

Assessment

  • Research assignmentAssignment
    50%
  • Written assignmentOther
    15%
  • Written analysisOther
    15%
  • Written analysisOther
    20%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Apply knowledge and understanding of the legal framework for workplace investigations and the sources of the power to undertake investigations of employees' misconduct in the workplace, both in the public sector and private sector with creativity and initiative to new situations in professional practice;

  2. 2

    Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the process of workplace investigations including the nature of the investigating body and its powers, the right of representation, relation of the investigation to civil and criminal proceedings, and evidentiary and natural justice issues;

  3. 3

    Conduct research into the impact of legislation relating to privacy and the retention of, and access to, records and the investigator's report, and the effect of legal professional privilege based on knowledge of appropriate research principle and methods; and

  4. 4

    Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the impact of legislative developments in unfair dismissal and general protections to employees, and bullying in particular under the Fair Work Act 2009 (Cth) and the role of institutions such as the Fair Work Commission in workplace misconduct.

Workload and teaching

  • Seminars24 hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Where it fits

LAW5432 is part of 2 areas of study in the 2021 handbook.

Contacts

Chief Examiners
Ms Joanna Betteridge

Common questions

What are the prerequisites for LAW5432?

LAW5432 has no prerequisites.

When is LAW5432 offered?

LAW5432 has no offerings listed in the 2021 handbook.

Does LAW5432 have an exam?

No. LAW5432 has 4 assessment tasks and no exam.

Which majors and minors include LAW5432?

LAW5432 is part of Dispute resolution; and Labour and employment law.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available