Embed Size (px)
Citation preview
Conducting an Effective Internal Investigation – A Global Perspective
Tuesday, October 27, 20094:00-5:30 p.m. UTC/GMT
© Employment Law Alliance
Presenters
Stephen J. Hirschfeld, moderator, CEO of the Employment Law Alliance and Partner, Curiale Hirschfeld Kraemer LLP, San Francisco, [email protected] Gregory J. Heywood, RoperGreyell LLP, Vancouver, BC, [email protected] Stephen Sayer, Said Al Shahry Law Office, Muscat, Sultanate of [email protected]
Enrique M. Stile, Marval, O’Farrell & Mairal, Buenos Aires, [email protected]
© Employment Law Alliance
Presenters
Claire Toumieux, Flichy Grangé Avocats, Paris, [email protected]
Francis Xavier, Rajah & Tann, [email protected]
Alessandra Zingales, Said Al Shahry Law Office, Muscat, Sultanate of [email protected]
© Employment Law Alliance
Employee Misconduct
What are the most common problems in your region of the world?
© Employment Law Alliance
Standard of Proof
How much evidence must there be to conclude whether misconduct has occurred?
Can a multi-national company implement a uniform standard of proof worldwide?
© Employment Law Alliance
Employee Rights
• Right to legal counsel
• Right to union representation
• Right to remain silent
• Right to know your accuser
© Employment Law Alliance
Allegations of Criminal Activity
Must this be reported to the police?
Should the company’s investigation be put “on hold” pending the outcome of criminal charges?
© Employment Law Alliance
Getting Meaningful Information
• From the accuser
• From the accused
• From reluctant witnesses
© Employment Law Alliance
Interim Actions
Can the accused be suspended pending the outcome of the investigation?
If so, must it be with pay?
What types of situations should be considered?
© Employment Law Alliance
Note-taking and Tape-recording
What are the do’s and don’t’s?
© Employment Law Alliance
Assessing Credibility in a
“He said, she said”
Is this allowed?
If so, how is it done?
© Employment Law Alliance
Documentation
• Should the findings be documented?
• If so, what should be included?
• Who has access to this document?
• What notes and documents should and must be kept?
© Employment Law Alliance
Attorney-Client Privilege
When and how it can be used
When and how it can be lost
© Employment Law Alliance
CONCLUSIONImmediately following the webinar, after you disconnect, a survey will automatically appear on your computer screen asking you to evaluate
the webinar. We would appreciate your taking a few minutes to complete it so that we can continue to improve the quality and delivery of future ELA-sponsored webinars. To listen to past webinars and to
view more resources, please visit our website at: www.employmentlawalliance.com.
We regret that we cannot give CLE credit for this webinar; however, upon request, we will gladly provide you with a Certificate of
Attendance. Please send an e-mail to: [email protected].
© Employment Law Alliance
