Seminar: litigating complaints without complainants

Litigating complaints without complainants: The difficulties and dilemmas when complainants refuse to participate in workplace litigation

A seminar from Sam Pack (Barrister, Francis Burt Chambers):

A complaint against an employee can spark all kinds of workplace litigation between the employee and their employer, including unfair dismissal or adverse action. However, complainants are often reluctant to participate in that litigation, particularly in the context of sexual harassment. This seminar discusses the issues that reluctance can create for the parties and the decision-maker, including the dilemma of compelling the complainant’s attendance, and the difficulties in relying on investigation records and other hearsay evidence.

5.15 pm registration for a 5.30 pm start time, with networking afterwards.

This event offers 1 CPD point.

About the presenter: Sam has a broad practice which includes public law, criminal law, and industrial and employment law. From 2016 to 2022, Sam was employed at the State Solicitor’s Office where he acted as counsel in a wide range of civil and criminal matters at both the trial and appellate level, including complex regulatory prosecutions, criminal appeals, judicial review applications, merits review applications, civil disputes, and coronial inquests. In 2022, he appeared twice as junior counsel in the High Court in constitutional matters. Immediately before joining the Bar, Sam practiced extensively in public sector industrial relations and employment law. He has also previously undertaken a secondment at the Corruption and Crime Commission. Sam holds a Master of Law with First Class Honours from the University of Cambridge and a Bachelor of Laws with First Class Honours from the University of Western Australia, where he has tutored in public law, torts, equity, and trusts.