Given the rapidly increasing number of workplace complaints knowing it is more essential than ever that workplace investigations are conducted fairly, thoroughly and with confidence to minimise significant legal, reputational and workplace culture consequences. Join a faculty of leading workplace investigations experts as they provide you with practical guidance on every stage of the investigation process, from establishing scope and gathering evidence to making findings and preparing robust investigation reports. Explore the challenges of assessing conflicting evidence, understand the growing scrutiny on investigations through the lens of psychosocial hazards and organisational justice requirements and unpack valuable lessons from investigations that have unravelled. Walk away with practical strategies to conduct investigations that are legally defensible, minimise organisational risk and withstand internal and external scrutiny.
Wednesday, 21 October 2026
10.00am to 11.00am Making Findings in Workplace Investigations: Evaluating Evidence and Reaching Defensible Conclusions
- How to assess evidence and make findings, particularly when evidence is imprecise or unclear
- Understanding the rules of evidence and how they may apply in the context of an investigation
- Structuring and preparing an investigation report
Presented by Ben Motro, Partner, Piper Alderman; Doyle’s Guide – Leading Employment Lawyers (Employer Representation) – New South Wales 2026, The Legal 500 Asia Pacific – Recommended for Labour and employment, Since 2018
11.15am to 12.15pm Workplace Investigations and Creating Psychosocial Hazards – a Critique of the New World Order
- What is poor organisational justice
- Compliance with policies and procedures and ways to mitigate risk
- SafeWork enforcement trends: what regulators are investigating and the lessons for employers
- Has the New World Order gone too far?
Presented by James Mattson, Partner, Bartier Perry; Doyle’s Guide – Leading Employment Lawyers (Employer Representation) – New South Wales 2026
9.00am to 10.00am Conducting a Workplace Investigation from Start to Finish – A Practical Guide
- Establish a clear scope and terms of reference to set your investigation up for success
- Prepare investigation documentation and develop an effective investigation plan
- Gather evidence, conduct witness interviews and assess relevant information with confidence
- Manage confidentiality, privacy obligations and sensitive information throughout the process
- Understand when to conduct an internal investigation and when external investigators may be appropriate
- Navigate legal professional privilege
- Prepare investigation reports, make findings and determine appropriate outcomes
Presented by Louise Rumble, Partner, Gadens
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
12.15pm to 1.15pm Workplace Investigations – When it Goes Wrong
Unpack the lessons learned from recent Australian workplace investigations
- Common mistakes that can undermine an investigation before it even begins
- What happens when procedural fairness is overlooked
- Consequences of the investigator lacking independence or is perceived to be biased
- Managing legal privilege, confidentiality and record keeping throughout the process
- Practical strategies to minimise legal risk and ensure investigations withstand internal and external scrutiny
Presented by Cynthia Elachi, Partner, Clayton Utz
11.00am to 11.15am Break
Presenters
Ben Motro, Partner, Piper AldermanBen Motro is a Partner in Piper Alderman’s Sydney office, and a member of the firm's Employment Relations team. Ben's primary area of expertise is in employment law and industrial relations. Ben provides advice to clients in all areas of employment law, industrial relations and workplace health and safety, and in a variety of industries. Ben has had significant experience with advising on and preparing employment contracts, enterprise agreements, deeds of release and employer policies. He also assists clients in litigious matters, and has extensive experience in the Fair Work Commission, Federal Courts, and the Supreme Court.
James Mattson, Partner, Bartier Perry
James Mattson has 25 years of experience on the complete range of employment law and industrial relations matters. James has been at Bartier Perry for over 20 years and is part of the Workplace Law & Culture Team at Bartier Perry. James is a Director at Bartier Perry and Chair of its Pro Bono Committee. James regularly acts for employers in the government and private sector. James regularly helps management and HR apply holistic and lasting solutions to workplace issues and in particular often helps dealing with complaints and grievances, managing difficult employees and resolving complex claims involving awards, agreements and employment contracts. He also often represents clients in court as an advocate in unfair dismissal, adverse action and discrimination claims. James is also the author of the Employment Law chapter in the legal text by Lexis Nexis, Social Media and the Law, now at its 4th edition. James regularly presents on an array of workplace topics.
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.
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.
