Handling Workplace Investigations

Including Workplace Harassment and Domestic Enquiry under Employment Law

Course Overview

This training on Handling Workplace Investigations is specially designed for professionals heading the departments, HR/ER/IR, Key Executives, etc that how to conduct disciplinary actions against Employees with sound legal understanding and how to avoid Legal loopholes in disciplinary actions according to the theme of Employment Laws. After this workshop, participants will learn how to avoid long-lasting litigation and will be able to conduct & follow the proper legal procedure as per Employment Laws.

Further, participants will also learn how to Enquiry Committee should conduct an inquiry as per law and what are the essential and necessary components for Workplace Harassment Enquiry.

Course Outline

  • What organization demands
  • What Employees demand
  • Demands Legality
  • Complaints Legality
  • Employee Discipline & Labour Laws
  • Employees Categories as per Labour Laws
  • Employee Grievances & Redress of Grievances
  • Disciplinary Action as per Labour Laws
  • Inquiry versus Investigation
  • When an investigation might be necessary
  • How to gather evidence and collect witness statements
  • What to include in an investigation report
  • How to prepare for a formal disciplinary
    meeting
  • Who should attend and what their roles
    are
  • Common situations where informal resolution can be effective
  • How to prepare for the conversation
    Exploring your concerns in a constructive way
  • How to deal with the allegations
    Show Cause Notice & Charge Sheet Lacunas in Charge Sheets
  • How to conduct an Enquiry
    How to formulate an Enquiry Report Inquiry
  • Procedure as per Labour Laws
  • How to avoid common pitfalls
    Loopholes in Enquiry Procedures
  • Case Laws / Judgments
  • Natural Justice & Social Justice according to Employment Laws
  • Guilty of Misconduct as per Labour Laws
  • What to consider when deciding on an appropriate sanction
  • Punishments & Penalty Procedure as per Law
  • Judicial Forums for Employees
  • Termination, Dismissal, Suspension, Discharge,
  • Layoffs, Retrenchment, Resignation, Retirement
  • Termination Benefits
  • Contractual Terminations
  • Legal Remedies & Defenses Legal Dues
  • Workplace Harassment Laws and Objective
  • Workplace Harassment Laws Procedure, Difficulties, Solutions
  • Identify and prevent sexual harassment in the workplace
  • Identify the Types of Sexual Harassment Identify the after-effects of Sexual Harassment
  • Possible Retributions After Reporting an Incident
  • Ensure that employees are aware of their compliance responsibilities
  • Protect the organization’s reputation
  • Make your organization better equipped to deal with sexual harassment in the workplace
  • Encourage a better workplace culture Mitigate the risk of compliance breaches
  • Practical Scenarios
  • Ensure that employees are aware of their compliance responsibilities
  • Federal and Provincial Workplace Harassment Law
  • Fundamental Rights & Equity
  • Principle “Audi Alteram Partem”
  • Principle & Laches;
  • Principle & Fair Trial
  • Responsibility of the HR Department
  • Processes for Reporting Sexual Harassment
  • How to raise complaint – mechanism
  • How to handle complaints – mechanism
  • How to initiate workplace harassment proceedings
  • How to take remedial & preventive measures
  • Inquiry Procedure as per Law
  • Loopholes in the inquiry
  • Principle of conducting inquiry
  • Inquiry Committee’s Structure Inquiry Proceeding’s time bar
  • Re-Examination
  • Leading Questions
  • Formal & Informal Complaints scope
  • Major & Minor Punishment as per Law
  • Code of Conduct for Organizations as per Law
  • Penalty on Organizations
  • Provision of Penal Code
  • Misuse of Law and Remedies
  • Strategies, Remedies, and Defenses for Organization