conducting an effective internal investigation – a global perspective tuesday, october 27, 2009...

Conducting an Effective Internal Investigation – A Global Perspective

Tuesday, October 27, 20094:00-5:30 p.m. UTC/GMT

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Presenters

Stephen J. Hirschfeld, moderator, CEO of the Employment Law Alliance and Partner, Curiale Hirschfeld Kraemer LLP, San Francisco, CAshirschfeld@chklawyers.com Gregory J. Heywood, RoperGreyell LLP, Vancouver, BC, Canadagheywood@ropergreyell.com Stephen Sayer, Said Al Shahry Law Office, Muscat, Sultanate of Omansts@saslo.com 

Enrique M. Stile, Marval, O’Farrell & Mairal, Buenos Aires, Argentinaems@marval.com.ar

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Presenters

Claire Toumieux, Flichy Grangé Avocats, Paris, Francetoumieux@flichy.com

Francis Xavier, Rajah & Tann, Singaporefrancis.xavier@rajahtann.com

Alessandra Zingales, Said Al Shahry Law Office, Muscat, Sultanate of Omanaz@saslo.com

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Employee Misconduct

What are the most common problems in your region of the world?

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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?

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Employee Rights

• Right to legal counsel

• Right to union representation

• Right to remain silent

• Right to know your accuser

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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?

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Getting Meaningful Information

• From the accuser

• From the accused

• From reluctant witnesses

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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?

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Note-taking and Tape-recording

What are the do’s and don’t’s?

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Assessing Credibility in a

“He said, she said”

Is this allowed?

If so, how is it done?

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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?

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Attorney-Client Privilege

When and how it can be used

When and how it can be lost

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