A comprehensive, practical guide to conducting effective workplace investigations. Explore the full investigation lifecycle, from drafting clear terms of reference and defining allegations, to evidence collection, report writing, and making defensible findings. Learn to navigate sensitive issues such as domestic and family violence and sexual harassment, while balancing compliance with the Fair Work Act, Sex Discrimination Act, and WHS legislation. Practical strategies and frameworks to help you manage investigations fairly, efficiently, and with minimal legal risk.
Monday, 30 March 2026
3.00pm to 4.00pm The Intersection Between Workplace Investigations and Domestic and Family Violence
Family and domestic violence (FDV) is an unfortunate reality in Australia, and one which has significant impacts on both employees experiencing FDV, and employers supporting those employees. This is particularly true in the case of workplace investigations where a person has experienced or is experiencing FDV, a person is accessing FDV leave or where the conduct under investigation may be explained or informed by a person’s experience with FDV.
You will cover:
- The obligations and entitlements under the Fair Work Act 2009 (Cth) relevant to FDV
- How those obligations and entitlements intersect with workplace investigations
- How to adopt a trauma informed and effective approach in making fair assessments
Presented by Cynthia Elachi, Partner, Clayton Utz
Chair:
Emma Treherne, Senior Legal and Compliance Manager, Isuzu UTE Australia
Professional skills
2.00pm to 3.00pm The Investigation Lifecycle
- Drafting clear Terms of Reference
- Defining allegations and scope (avoiding “scope creep”)
- Determining whether to use an internal or external investigator
- Planning timelines, evidence collection methods, and confidentiality protocols
- Legal privilege – when it applies and how to preserve it
- Structuring investigation reports – findings, analysis, recommendations
- Making defensible findings of fact and avoiding bias
- The standard of proof – “balance of probabilities” in employment law
Presented by Louise Rumble, Partner, Gadens
4.00pm to 4.15pm Afternoon Break
Professional Skills
4.15pm to 5.15pm The Triple Threat: Investigating Sexual Harassment in the Psychosocial Hazard Era
- Navigate competing demands from the Sex Discrimination Act, Fair Work Act, and WHS legislation in sexual harassment investigations
- Identify compliance traps
- Implement a practical framework that satisfies all three regimes while minimizing legal risk
Presented by Caroline Mense, Principal Lawyer, Legal Enablers
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Presenters
Cynthia Elachi, Partner, Clayton Utz
Cynthia brings holistic and commercially attuned experience across all aspects of employment law, ranging from strategic employment advice, unfair dismissal and adverse action claims, to defending large-scale employment-related litigation. Cynthia regularly undertakes the role of workplace investigator for clients, dealing with issues involving bullying, harassment, sexual harassment and intoxication at work. Cynthia's investigation experience is extensive and highly sought after, crossing a variety of industries including technology, entertainment and tertiary education. Cynthia often appears on behalf of major corporate clients across all jurisdictions including the NSW Supreme Court and the Federal Court of Australia on a variety of issues, such as restraint of trade matters and breach of contract cases. She works closely with her clients to promote positive workplace culture, assisting with drafting employment policies and conducting client workshops on a variety of topics including managing poor performance, termination of employment and providing EEO and bullying and harassment training. Cynthia is a keen speaker having presented a number of seminars and workshops on a variety of employment law issues. On account of her particular interest in workplace investigations, she has presented seminars and conducted all day training workshops on the fundamentals of workplace investigations for both clients and for external organisations.
Emma Treherne, Senior Legal and Compliance Manager, Isuzu UTE Australia
Emma Treherne is the Senior Legal and Compliance Manager at Isuzu UTE Australia. Admitted as a solicitor to the Supreme Court of Queensland in 2011, she has worked in employment law since 2007 and has built experience across private practice, the community sector, government, employer associations, and in-house roles in Australia, as well as a short period in the Republic of Ireland. In her current in-house role, Emma focuses on employment law, data privacy and commercial matters, and supports broader governance and compliance initiatives with a practical, business-focused approach.
Louise Rumble, Partner, Gadens
Louise Rumble is a partner at Gadens and a member of the Workplace Advisory and Disputes group. Louise has over 15 years’ experience advising employers on a range of issues including negotiating employment contracts, compliance with minimum terms and conditions, managing employment issues during the employment relationship and employment-related litigation. Louise routinely provides workplace training and recent topics include appropriate workplace behaviour and managing workplace investigations in times of crisis. Louise represents clients in a range of industries in the public and private sectors.
Caroline Mense, Principal Lawyer, Legal Enablers
Caroline Mense Principal Lawyer at Legal Enablers, advising corporates and executives on workplace and employment law. She is known for her strategic, people focused approach. She is Co-Chair of the Workplace Relations Committee at the Law Institute of Victoria and a regular Chair and Presenter at national legal conferences and publishes in the law journal on workplace law and technology. Caroline holds a Bachelor of Laws from Deakin University and a Graduate Diploma of Legal Practice from the College of Law. She is currently completing a Connected Leadership certificate at Yale University and has studied Pricing Strategy at Harvard Business School Online. She is active in mentoring, volunteering, and supporting wellbeing initiatives across the legal community.
