Authors: Aaron Goonrey and Jenni Mandel (Lander & Rogers)
This article was originally published in Lexology.
Introduction
Employees will not come forward
and report troubling behaviour if they fear retaliation. This update outlines
how employers can establish and maintain their organisation's values.
We all aspire to work in an
environment where we feel valued, free to express our views and confident that
we are all on the same page when it comes to ethical business practices and
integrity.
Unfortunately, as the misconduct
scandals and high-profile resignations brought about by the Banking Royal
Commission have shown, the reality is that many organisations suffer lapses in
ethics and compliance. This is common for businesses driven solely by profits –
where it is easy for the pursuit of financial gain to trump all other
considerations.
A culture of complicity can
damage an organisation's reputation and financial standing. Having a company
vision, which underpins a business's culture, is key.
This update explores the
importance of values, which can help to foster a workplace environment in which
employees feel empowered to report misconduct and undesirable behaviour.
Whether recognised or not, values
are important. They influence and inform decisions – from whether we should
take a particular job, to whether we should start a family.
When it comes to corporate
culture, values are no different. A company's core values are the essence of
its identity. They provide a framework by which a business engages with its
employees, customers, clients and other stakeholders, and ultimately influence
and shape its culture. In this sense, a business's values can be considered the
essential elements that underpin the behaviour of the organisation and its
people. They are a roadmap to determining the direction that the business and
its people take in everyday work situations.
Most organisations have a set of
identified core values. These often constitute little more than a few words in
an "About Us" section on a company website or in an induction
handbook.
However, to be effective, a
company's core values must be embraced by everyone in the organisation. They
should be consistently communicated and should underpin all of the processes
and practices (both formal and informal) which direct how the business and the
teams within it operate.
As with any relationship, trust
comes first. If an employee feels that they cannot trust their manager or their
employer, then they will likely keep their knowledge of any misconduct to
themselves or report it elsewhere. The current media
scrutiny of companies such as Flight Centre
demonstrates how this can cause all sorts of problems for a business in the
future.
Instilling a culture of trust and
confidence in the workplace will help to reassure employees that they can, and
should, voice any concerns. Quelling fears of retaliation for speaking up about
ethics or compliance issues and reassuring employees that they will not be
treated unfairly if they make a complaint are a big part of this.
If the workplace does not have an
open-door policy whereby employees feel that they can approach and talk to
management about issues concerning them, then they likely will not speak up.
Similarly, if employees are not encouraged to call out unethical behaviour, it
will be difficult for them to uphold the standards that the organisation is
trying to maintain.
Employers that encourage
employees to ask questions, take employee concerns seriously and follow through
on concerns generally send a strong message about integrity. This is
fundamental in creating a workplace culture in which candour and ethical
decision making is paramount.
There are a number of steps that
employers can take to create an atmosphere of trust and candour, including the
following:
- Establish grievance policies and procedures that are
clearly communicated.
- Confirm that the business has appropriate
whistleblowing options in place. Coming forward with a grievance can be
daunting for many people due to the stigma that surrounds whistleblowers
and the fear of retribution. This is especially true when an employee is
required to report to someone to whom they would not normally have a
direct line of contact. Given this, employees must be able to report
issues or grievances (eg, by way of email or an online portal) and to so
do anonymously if they desire.
- Ensure that managers and supervisors receive thorough
and effective training on how to respond to, and guide, employees who come
forward with issues or questions. This could also extend to providing
full-team training with real-life examples. When employees choose to
report issues in a face-to-face manner, managers should be trained to
focus on the claim, rather than the person raising the issue.
- Confirm that managers maintain regular contact with
their team members. Managers who communicate regularly with their teams
(either individually or during team meetings) and who ask questions,
listen carefully and act on advice from the team create more transparent
and open cultures.
- Consider implementing a policy of non-retaliation for raising issues and asking questions. It is important for employees to understand that they will be protected from blowback from the time that they make a complaint and at every step of an investigation or whistleblowing process. Employees will not come forward if they fear retaliation.
An organisation's values are the
core of how it operates. On occasion, an organisation should recall and refresh
its values, and ensure that its managers and employees are on the same page.
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