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Snapshot

  • The recent Fair Work Commission decision of Kirkman v DP World Melbourne Limited [2016] FWC 605 provides pointers for successfully claiming privilege over an investigation report.
  • There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege.

What steps can an employer take to successfully claim legal professional privilege (‘privilege’) over an investigation report? This question was considered in the recent Fair Work Commission case of Kirkman v DP World Melbourne Limited [2016] FWC 605 (‘DP World’). This article will examine why an employer may seek to claim privilege over an investigation report and draws on the reasoning set out in DP World to provide a checklist for lawyers and employers who intend to claim privilege over such reports.

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