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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.

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Presentation on theme: "Conducting an Effective Internal Investigation – A Global Perspective Tuesday, October 27, 2009 4:00-5:30 p.m. UTC/GMT © Employment Law Alliance."— Presentation transcript:

1 Conducting an Effective Internal Investigation – A Global Perspective Tuesday, October 27, 2009 4:00-5:30 p.m. UTC/GMT © Employment Law Alliance

2 Presenters Stephen J. Hirschfeld, moderator, CEO of the Employment Law Alliance and Partner, Curiale Hirschfeld Kraemer LLP, San Francisco, CA shirschfeld@chklawyers.com Gregory J. Heywood, RoperGreyell LLP, Vancouver, BC, Canada gheywood@ropergreyell.com Stephen Sayer, Said Al Shahry Law Office, Muscat, Sultanate of Oman sts@saslo.com Enrique M. Stile, Marval, OFarrell & Mairal, Buenos Aires, Argentina ems@marval.com.ar © Employment Law Alliance

3 Presenters Claire Toumieux, Flichy Grangé Avocats, Paris, France toumieux@flichy.com Francis Xavier, Rajah & Tann, Singapore francis.xavier@rajahtann.com Alessandra Zingales, Said Al Shahry Law Office, Muscat, Sultanate of Oman az@saslo.com © Employment Law Alliance

4 Employee Misconduct What are the most common problems in your region of the world? © Employment Law Alliance

5 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

6 Employee Rights Right to legal counsel Right to union representation Right to remain silent Right to know your accuser © Employment Law Alliance

7 Allegations of Criminal Activity Must this be reported to the police? Should the companys investigation be put on hold pending the outcome of criminal charges? © Employment Law Alliance

8 Getting Meaningful Information From the accuser From the accused From reluctant witnesses © Employment Law Alliance

9 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

10 Note-taking and Tape-recording What are the dos and donts? © Employment Law Alliance

11 Assessing Credibility in a He said, she said Is this allowed? If so, how is it done? © Employment Law Alliance

12 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

13 Attorney-Client Privilege When and how it can be used When and how it can be lost © Employment Law Alliance

14 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: leh@employmentlawalliance.com. www.employmentlawalliance.com leh@employmentlawalliance.com © Employment Law Alliance


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