Learning from #metoo - Legal issues and lessons for investigators who undertake inquiries into allegations of sexual harassment

Workplace investigations into allegations of sexual harassment at work are notoriously complex and challenging. Inevitably, these investigations involve negotiation of competing interests, expectations and objectives. They also present distinct legal challenges. This webinar takes an in-depth look at key legal issues for workplace investigators who undertake inquiries into allegations of sexual harassment. Firstly, it will examine the report of the Australian Inquiry into Sexual Harassment at Work published by the Australian Human Rights Commission (AHRC), with specific attention on key findings regarding the multi-dimensional impacts and implications of engaging in a workplace investigation in response to allegations of workplace sexual harassment. Secondly, this webinar will discuss key legal issues for workplace investigators conducting investigations into allegations of sexual harassment using a specific case study, being the high-profile investigation conducted in Melbourne into allegations of sexual harassment by lord mayor Robert Doyle between 2016 and 2019. This webinar is intended to be interactive and there will be time for questions and discussion from attendees.

Learning Objectives:

By the end of this webinar, participants will:

• Identify the legal issues highlighted by the AHRC’s report relevant to investigations into allegations of workplace sexual harassment;
• Gain insight into the relevant findings from the AHRC report for workplace investigators and employers that engage them;
• Understand the legal challenges to the finalisation of the investigation(s) pursued in the Robert Doyle investigations, and what can be learned from these interlocutory issues; and
• Be aware of the issues that arise from the application of the standard enunciated in Briginshaw v Briginshaw (1938) 60 CLR 336

This webinar is intended for Australasian investigators.

Disclaimer: The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice.