Dr Freckelton AO KC is briefed to undertake investigations into whether problematic workplace conduct has been engaged in and, if so, whether it constitutes
- an infraction of codes of conduct;
- a breach of workplace requirements;
- a contravention of the criminal law; or
- unlawful form of discrimination.
Often he is asked as an ancillary matter to consider whether the conduct involved is indicative of a workplace culture or practice which enables or facilitates it and to make recommendations for improvement.
He has been briefed to undertake such investigations by local councils, statutory authorities, government instrumentalities, schools, corporations and universities.
High profile investigations undertaken by Dr Freckelton have included:
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Allegations of sexual misconduct in relation to the Melbourne Lord Mayor, Robert Doyle;
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Issues relating to the handling of concerns about the legality of parking fines by Monash City Council;
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Allegations of deficient regulatory practice by the Victorian Commission for Gambling and Liquor Regulation (VCGLR): https://www.vcglr.vic.gov.au/sites/default/files/investigation_by_external_counsel_into_issues_raised_in_the_four_corners_programme.pdf
On occasion such reports are made public in whole or in part; on others they remain internal to the organisation so as to protect privacy and to promote remedial steps identified as necessary by the investigation.
Dr Freckelton wrote the foreword to Michael Robertson and Paula Hoctor’s book, Workplace Investigations: Principles and Practice (LexisNexis, 2019).
Dr Freckelton AO KC can be contacted through his clerk in relation to the undertaking of such investigations:
Foley’s, 03 92257777, http://www.foleys.com.au