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Conducting an Effective Internal Investigation – A Global Perspective Tuesday, October 27, 2009 4:00-5:30 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, 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] © 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 CONCLUSION Immediately 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