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.
Why are
values important?
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.
Building and promoting a speak-up culture
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.
How to instill these values
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.
Comment
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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