The Workplace Investigation & Privilege Issues
Solicitor-Client Privilege, Litigation Privilege & Investigative Reports
Workplace investigations raise important questions about the
protection of confidential communications, investigative records
and final reports. This research section examines the principal
forms of privilege, their application to workplace investigations,
and disclosure issues involving external regulators.
Privileges & the Workplace Investigation 101
An introduction to the principal forms of privilege relevant
to workplace investigations, providing a foundation for
considering the protection of communications, records and
investigative reports.
Litigation Privilege Generally
A review of the general principles governing litigation
privilege, including the dominant-purpose requirement and
the distinction between litigation privilege and
solicitor-client privilege.
Litigation Privilege in Workplace Investigations
An examination of litigation privilege in the workplace
investigation context, with particular attention to the
purpose of the investigation and the protection claimed
over investigative materials and reports.
Privilege: Reports to External Regulators
A review of privilege issues involving investigative reports
and external regulators, including questions concerning
disclosure and the continued protection of privileged material.
Solicitor-Client Privilege & the Investigative Report
An examination of solicitor-client privilege in relation
to investigative reports and the connection between the
investigative process and the provision of legal advice.