Transcript Slide 1

Conducting an Effective Internal
Investigation – A Global Perspective
Tuesday, October 27, 2009
4:00-5:30 p.m. UTC/GMT
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Presenters
Stephen J. Hirschfeld, moderator, CEO of the Employment Law Alliance
and Partner, Curiale Hirschfeld Kraemer LLP, San Francisco, CA
[email protected]
Gregory J. Heywood, RoperGreyell LLP, Vancouver, BC, Canada
[email protected]
Stephen Sayer, Said Al Shahry Law Office, Muscat, Sultanate of Oman
[email protected]
Enrique M. Stile, Marval, O’Farrell & Mairal, Buenos Aires, Argentina
[email protected]
© Employment Law Alliance
Presenters
Claire Toumieux, Flichy Grangé Avocats, Paris, France
[email protected]
Francis Xavier, Rajah & Tann, Singapore
[email protected]
Alessandra Zingales, Said Al Shahry Law Office, Muscat, Sultanate of
Oman
[email protected]
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Employee Misconduct
What are the most common problems in
your region of the world?
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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?
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Employee Rights
• Right to legal counsel
• Right to union representation
• Right to remain silent
• Right to know your accuser
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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?
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Getting Meaningful
Information
• From the accuser
• From the accused
• From reluctant witnesses
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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?
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Note-taking and
Tape-recording
What are the do’s and don’t’s?
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Assessing Credibility
in a
“He said, she said”
Is this allowed?
If so, how is it done?
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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?
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Attorney-Client
Privilege
When and how it can be used
When and how it can be lost
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CONCLUSION
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