Taylor Wessing Law firm shares important update on ‘Conducting Workplace Investigations’
Monday, 06 November, 2017
The Human Resources Forum (THRF) in collaboration with the University of Wollongong in Dubai (UOWD) hosted an informative seminar about conducting workplace investigations legally and effectively in the UAE. The seminar, attended by students, staff, and members of the THRF, was presented by Ms Thenji Macanda from Taylor Wessing, an international law firm which has been operating in the Middle East for nearly 20 years, and has very strong relationships with some of the regions key government agencies, banking institutions, global corporate entities and regulatory bodies. Ms Macanda, a UK trained and qualified Specialist Employment Associate, and Admitted Solicitor of the Senior Courts of England and Wales, discussed the actions that employers should take to investigate issues, such as grievances and performance matters, to protect themselves from disadvantage in any future litigation. Her step-by-step guide for employers linked to recent changes in UAE Labour Law and good practice for managers. She explained that the UAE operates under civil law, which means cases are treated separately, that is on a case-by-case basis, rather than using case law, as in England and Wales, so it is vital that managers are thorough in their preparation of evidence. She further highlighted the relevant legal articles and explained their implications for management practice. In particular, she pointed out that the UAE has strict rules regarding privacy and defamation, so it vital that employers work within these requirements; for example, by obtaining consent from employees before checking potentially private emails. Ms Macanda also emphasised the importance of having reasonable policies, ensuring staff are aware of them, and following them when undertaking investigations. Furthermore, investigators must be fair, confidential and trusted to ensure that the process is unbiased. She recommended using an independent investigator, who is unconnected to the case, to maintain principles of fairness and objectivity, because having good processes can help employers avoid slow and expensive legal claims. Finally, she explained that settlement is often the most effective solution for organisations when legal claims are made. Afi Barzin, a BCom student in Human Resource Management commented: “I found the seminar very informative as the information provided was very relevant to what we need to know. Ms Thenji is a great speaker and she made everything easy to follow. It was good to hear local examples and learn what is needed in UAE companies”. The talk concluded with an interactive question and answer session. The THRF runs regular events at UOWD. For more information about THRF, please contact Ms Alisha Dias at [email protected] or Dr Alison Thirlwall [email protected].
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