LAW5432 Workplace investigations and misconduct

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.