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ARTICLE · 17 JULY 2016

Maintaining legal professional privilege in workplace investigations

Holding Redlich
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A recent case provides a good example of how to maintain legal professional privilege – and use it to your advantage.

AustraliaLitigation, Mediation & Arbitration
Lauren Drummond
Lauren Drummond
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A number of court decisions have demonstrated the difficulty of maintaining legal professional privilege (LPP) over workplace investigation reports relating to employee misconduct. However, a recent case provides a good example of how to maintain legal professional privilege – and use it to your advantage.

Legal professional privilege applies to confidential communications between a client and their legal advisers that are created for the dominant purpose of providing legal advice or being used in litigation. Parties to litigation are not required to produce these communications during court proceedings.

Background

In Kirkman v DP World Melbourne Ltd (2016)1, DP World sought legal advice regarding workplace bullying allegations made by a number of complainants against Mr Kirkman and other DP World employees.

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