legal professional privilege

The recent decision of the Fair Work Commission in Kirkman v DP World Melbourne Limited[1]  illustrates the benefits to employers of taking care when commissioning investigations into alleged misconduct in the workplace.  If the commissioning of the report is handled correctly, and confidentiality of the report is maintained at all times, it may be possible to withhold production of the report in subsequent proceedings brought by employees, on the basis of a claim for legal professional privilege (LPP).