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Unit outline_

LAWS6305: Workplace Investigations

Intensive August - September, 2026 [Block mode] - Camperdown/Darlington, Sydney

Lawyers and HR/IR practitioners are increasingly required to deal with complaints of sexual harassment, bullying and discrimination, and address suspected misconduct such as Code of Conduct breaches, fraud/theft, and safety and other breaches. In order to take, and if necessary defend, disciplinary and other action, a proper factual and legal foundation must be established, through a workplace investigation. We also specifically consider how concepts of procedural fairness and natural justice impact a workplace investigation. The unit explores the various stages of a workplace investigation, including: (1) establishing the scope of the investigation and particularizing the alleged complaint or misconduct; (2) conducting interviews and gathering other information; (3) managing participants, including stand down/suspension; (4) evaluating information and making findings applying the relevant standard of proof and legal test(s); and (5) implementing investigation findings. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

LAWS6252 or a law degree and LAWS6071 Labour Law (MLLR students)

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Smith, belinda.smith@sydney.edu.au
Lecturer(s) Paula Hoctor, paula.hoctor@sydney.edu.au
The census date for this unit availability is 4 September 2026
Type Description Weight Due Length Use of AI
Contribution Structured Class participation (10%)
Participation and Group discussions
10% Ongoing Continuous during 4 days of seminars AI allowed
Outcomes assessed: LO1 LO2 LO3
Out-of-class quiz Early Feedback Task Early Feedback Task (0%)
Online quiz
0% Week 02
Due date: 02 Sep 2026 at 23:59
5 multiple choice quiz AI allowed
Outcomes assessed: LO1 LO2
Written work Short Assignment (30%)
Three questions of various types
30% Week 03
Due date: 13 Sep 2026 at 23:59

Closing date: 21 Sep 2026
2000 words / 8 days AI allowed
Outcomes assessed: LO1 LO2 LO3
Written work Final Assignment (60%)
Three questions of various types
60% Week 09
Due date: 19 Oct 2026 at 23:59

Closing date: 02 Nov 2026
5000 words / 4 weeks AI allowed
Outcomes assessed: LO1 LO2 LO3
early feedback task = early feedback task ?

Assessment summary

Early Feedback Task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task in this unit is a short on-line quiz, consisting of 5 multiple choice questions. The task will be available on Canvas from 8:00pm 31 August to 11:59pm 2 September 2026, (Sydney Australia time). It will be tailored to reflect key concepts from the introductory class and associated readings. Students will be provided with immediate automated feedback upon completion of the task.

Students are required to complete three assessment components: class participation; written assignment; and final exam.Ìý Details below:

Structured Class participation (10%): Students are required to participate in whole class and small group discussions, demonstrating through discussion that they have prepared for class (by reading the required readings and reflecting on the reading questions in the Learning Guide) and engaging in discussion in a constructive and respectful way. Students will be required to nominate 2 of the 15 class sessions in which they will be ‘on call’.Ìý Students on-call will not be required to give any presentation.Ìý They will be expected to help facilitate class and small group discussions by offering responses to the reading questions and sharing any reflections they have about the required readings

Short Assignment (30%): Short answer questions 2000 words (including headings and references): Three questions of various types covering topics from Days 1 and 2, including 'mini' essay / comment and a problem responses using a short fact scenario. The questions will be released on Canvas on 5 September 2026 at 5:00pm and will be due on 13 September 2026 at 11:59pm, (Sydney, Australia time).

Final Assignment (60%): Long answer questions 5000 words (including headings and references). Three questions of various types, including case analysis and practical drafting tasks. This assignment will be released on Canvas on 19 September 2026 at 5:00pm and will be due on 19 October 2026Ìýat 11:59pm (Sydney, Australia time).

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words,or part thereof. The total word count for the written assessment will include all footnotes, and exclude acknowledgements of assistance from editors, automated writing tools or generative AI.Ìý No bibliography is required.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style.ÌýA link to the library website where this is set out comprehensively is available at ÌýÌý

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. Please note that as the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.

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Assessment criteria

The University awards common result grades, set out in theÌýÌý(Schedule 1).Ìý

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of theÌýAcademic Integrity Policy.

Visit theÌýCurrent Students websiteÌýfor more information on AI in assessments, includingÌýdetails on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our websiteÌýprovides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed theÌýAcademic Honesty Education Module (AHEM)Ìýwhich is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit theÌýCurrent Students websiteÌýfor more information on AI in assessments, includingÌýdetails on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through aÌýsimple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible forÌýspecial consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students,ÌýÌýincludes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students PolicyÌýreflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 02 Introductory class Self-directed learning (2 hr) LO1
1. The purpose of a workplace investigation and Regulatory framework of workplace investigations; 2. Workplace Investigator Ethics and Confidentiality and Safety; 3. Taking a trauma-informed and person-centred approach; 4. Procedural Fairness – Part 1. Seminar (6 hr) LO1 LO2 LO3
5. Procedural Fairness Part 2; 6. When to investigate and Planning and scoping an investigation; 7. Gathering evidence; 8. Digital evidence and technology. Seminar (6 hr) LO1 LO2 LO3
Week 04 9. Interviewing skills; 10. Drafting allegations and obtaining a response; 11. Assessing evidence and credibility Part 1; 12. Assessing evidence and credibility Part 2. Seminar (6 hr) LO1 LO2 LO3
13. Making findings; 14. Reporting on findings and communicating outcomes; 15. Post investigation considerations; Self-care for investigators; Wrap-up and Completion of the student feedback survey for this unit of study. Seminar (6 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance:ÌýAll students are required to attend 70%ÌýÌýof classesÌýÌýto satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The ±¬ÁÏÍõ Law School Resolutions: Coursework Awards cl 11).ÌýÌý

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Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Required readings will be available in electronic form via the canvas site under ‘Reading List’.Ìý

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand and analyse the legal frameworks and principles governing workplace investigations, including procedural fairness
  • LO2. apply legal knowledge and principles to assess workplace scenarios, demonstrating expertise in labour law and human resource management
  • LO3. conduct comprehensive workplace investigations, utilising critical thinking, problem-solving, and effective communication skills in interviewing and reporting.

Graduate qualities

The graduate qualities are the qualities and skills that all ±¬ÁÏÍõ graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Assessment regime has been updated since this unit was last taught.

Disclaimer

Important: the ±¬ÁÏÍõ regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

To help you understand common terms that we use at the University, we offer an .