Blowing the whistle on it!   by Toronto Training and HR           May 2012
3-4     Introduction to Toronto Training and HR           5-6     DefinitionContents   7-8           9-10                 ...
Introduction     Page 3
Introduction to Toronto Training            and HR• Toronto Training and HR is a specialist training and human  resources ...
Definition   Page 5
DefinitionWhat is whistleblowing?                      Page 6
Individual antecedents of     whistleblowing           Page 7
Individual antecedents of              whistleblowingConsistent factorsInconsistent factors                       Page 8
Situational antecedents of     whistleblowing            Page 9
Situational antecedents of             whistleblowingCharacteristics of the job/organizationCharacteristics of the wrongdo...
Recent case    Page 9
Recent case 1 of 5Chopra et al. v Treasury Board (Department ofHealth)                      Page 12
Recent case 2 of 5WHAT SHOULD EMPLOYERS DO NOW?Because the ability to publicly criticize theemployer under the public inte...
Recent case 3 of 5WHAT SHOULD EMPLOYERS DO NOW?If an issue is already highly publicized, or ifdemonstrably effective measu...
Recent case 4 of 5WHAT SHOULD EMPLOYERS DO NOW?Employers should assess the expert or confidentialknowledge of employees wh...
Recent case 5 of 5WHAT SHOULD EMPLOYERS DO NOW?The visible presence of employees at an event canbe criticism if their pres...
Minimizing the chance of      legal action          Page 17
Minimizing the chance of legal             action 1 of 3Adopt a written code of conduct stating thatviolations of the law ...
Minimizing the chance of legal              action 2 of 3Have written procedures for receiving andprocessing complaints of...
Minimizing the chance of legal              action 3 of 3Review and document any disciplinary action thatfollows an invest...
What should awhistleblowing policy      contain?         Page 21
What should a whistleblowing        policy contain? 1 of 3The kinds of action targeted are unacceptable andthe employer at...
What should a whistleblowing        policy contain? 2 of 3In more serious cases (for example, if theallegation is about th...
What should a whistleblowing        policy contain? 3 of 3Whistleblowers can ask for their concerns to betreated in confid...
Managers notified of a     concern         Page 25
Managers notified of a concernHave a responsibility to ensure that concernsraised are taken seriouslyShould, where appropr...
Tactics of cover-up        Page 27
Tactics of cover-upGag the employeesStudy it to deathSeparate expertise from authorityInstitutionalize conflict of interes...
Typical examples of   wrongdoing        Page 29
Typical examples of wrongdoingTheft/embezzlement of corporate assetsFabrication of operational or performance dataFalse or...
Giving people the necessary skills       Page 31
Giving people the necessary skillsStart by sharing your good intentionsGet the other person’s point of viewUse tentative l...
Phases thatwhistleblowers go through           Page 33
Phases that whistleblowers go           through 1 of 2AwarenessThe decision of conscienceRaising concerns internallyFacing...
Phases that whistleblowers go           through 2 of 2The war of attritionThe endgameConsequences for the rest of usWhat w...
Notable Canadian whistleblowers      Page 36
Notable Canadian whistleblowers               1 of 2Joanna GualtieriSean BruyeaRichard ColvinAllan CutlerIan BronBob GaleB...
Notable Canadian whistleblowers              2 of 2Corporal Robert ReidDr Nancy OlivieriBob StenhousePerry DunlopDr John O...
Case study A    Page 39
Case study A    Page 40
Case study B    Page 41
Case study B    Page 42
Case study C    Page 43
Case study C    Page 44
Case study D    Page 45
Case study D    Page 46
Case study E    Page 47
Case study E    Page 48
Conclusion and questions          Page 49
Conclusion and questionsSummaryVideosQuestions                Page 50
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Blowing the whistle on it! May 2012

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Blowing the whistle on it! May 2012

  1. 1. Blowing the whistle on it! by Toronto Training and HR May 2012
  2. 2. 3-4 Introduction to Toronto Training and HR 5-6 DefinitionContents 7-8 9-10 Individual antecedents of whistleblowing Situational antecedents of whistleblowing 11-16 Recent case 17-20 Minimizing the chance of legal action 21-24 What should a whistleblowing policy contain? 25-26 Managers notified of a concern 27-28 Tactics of cover up 29-30 Typical examples of wrongdoing 31-32 Giving people the necessary skills 33-35 Phases that whistleblowers go through 36-38 Notable Canadian whistleblowers 39-48 Case studies 49-50 Conclusion and questions Page 2
  3. 3. Introduction Page 3
  4. 4. Introduction to Toronto Training and HR• Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden• 10 years in banking• 10 years in training and human resources• Freelance practitioner since 2006• The core services provided by Toronto Training and HR are: - Training event design - Training event delivery - Reducing costs - Saving time - Improving employee engagement & morale - Services for job seekers Page 4
  5. 5. Definition Page 5
  6. 6. DefinitionWhat is whistleblowing? Page 6
  7. 7. Individual antecedents of whistleblowing Page 7
  8. 8. Individual antecedents of whistleblowingConsistent factorsInconsistent factors Page 8
  9. 9. Situational antecedents of whistleblowing Page 9
  10. 10. Situational antecedents of whistleblowingCharacteristics of the job/organizationCharacteristics of the wrongdoing Page 10
  11. 11. Recent case Page 9
  12. 12. Recent case 1 of 5Chopra et al. v Treasury Board (Department ofHealth) Page 12
  13. 13. Recent case 2 of 5WHAT SHOULD EMPLOYERS DO NOW?Because the ability to publicly criticize theemployer under the public interest exceptionsdepends on exhaustion of internal remedies,employers should carefully follow up on all internalcomplaints or allegations. Employers should gatherdocumentation of the information available to theemployee at the time the statement is made, sincethis is the relevant factual context for theallegations Page 13
  14. 14. Recent case 3 of 5WHAT SHOULD EMPLOYERS DO NOW?If an issue is already highly publicized, or ifdemonstrably effective measures are already beingtaken to deal with an issue, employees cannotclaim to be whistleblowers, since their criticismbrings nothing new to the public sphere Page 14
  15. 15. Recent case 4 of 5WHAT SHOULD EMPLOYERS DO NOW?Employers should assess the expert or confidentialknowledge of employees who publicly criticize theircompany-this expertise (or lack thereof) mayinform the arbitrators decision the extent to whichan employee can justifiably comment on acontroversy, scientific or otherwise Page 15
  16. 16. Recent case 5 of 5WHAT SHOULD EMPLOYERS DO NOW?The visible presence of employees at an event canbe criticism if their presence would be interpretedby the public as adding legitimacy to criticalstatements made by othersEmployers should deal promptly with publiccriticism to avoid being accused of condoning theemployees behaviour, and should document anydelay in the response and the reason for it Page 16
  17. 17. Minimizing the chance of legal action Page 17
  18. 18. Minimizing the chance of legal action 1 of 3Adopt a written code of conduct stating thatviolations of the law by employees are prohibitedand should be reported to the company-outlinereporting procedures for employees, and tell themthat the company will not tolerate retaliationagainst whistleblowersReview existing employment policies to be surethey are clear about protection for workers whoreport misconduct Page 18
  19. 19. Minimizing the chance of legal action 2 of 3Have written procedures for receiving andprocessing complaints of fraud, including specificdescriptions of the company’s use of reportinghotlines-train supervisors and nonsupervisoryemployees on their useResolve any claim in a responsible manner,especially those regarding fraud, waste, or abuse Page 19
  20. 20. Minimizing the chance of legal action 3 of 3Review and document any disciplinary action thatfollows an investigation to be sure it is consistentwith past practices and unrelated to any protectedwhistleblower complaint by an employeeConsider involving legal counsel early in aninvestigation if the organization is facing a possiblewhistleblower retaliation claim-try to convinceemployees that management will take complaintsseriously and respond appropriately Page 20
  21. 21. What should awhistleblowing policy contain? Page 21
  22. 22. What should a whistleblowing policy contain? 1 of 3The kinds of action targeted are unacceptable andthe employer attaches importance to identifyingand remedying malpracticeEmployees should inform their line managerimmediately if they become aware that any of thespecified actions is happening (or has happened,or is likely to happen) Page 22
  23. 23. What should a whistleblowing policy contain? 2 of 3In more serious cases (for example, if theallegation is about the actions of their linemanager), the employee should feel able to raisethe issue with a more senior manager, bypassinglower levels of management Page 23
  24. 24. What should a whistleblowing policy contain? 3 of 3Whistleblowers can ask for their concerns to betreated in confidence and such wishes will berespectedEmployees will not be penalized for informingmanagement about any of the specified actions Page 24
  25. 25. Managers notified of a concern Page 25
  26. 26. Managers notified of a concernHave a responsibility to ensure that concernsraised are taken seriouslyShould, where appropriate, investigate properlyand make an objective assessment of the concernShould keep the employee advised of progressHave a responsibility to ensure that the actionnecessary to resolve a concern is taken Page 26
  27. 27. Tactics of cover-up Page 27
  28. 28. Tactics of cover-upGag the employeesStudy it to deathSeparate expertise from authorityInstitutionalize conflict of interestKeep them ignorantPrevent the development of a written recordRewrite the issuesScapegoat the small fry Page 28
  29. 29. Typical examples of wrongdoing Page 29
  30. 30. Typical examples of wrongdoingTheft/embezzlement of corporate assetsFabrication of operational or performance dataFalse or inflated claims from suppliersInventory manipulationsIntentional misclassification of expendituresFabrication of sales dataOverstating revenues or assetsUnderstating expenses or liabilities Page 30
  31. 31. Giving people the necessary skills Page 31
  32. 32. Giving people the necessary skillsStart by sharing your good intentionsGet the other person’s point of viewUse tentative languageExplain the possible consequences of the action inquestionTake it up a level Page 32
  33. 33. Phases thatwhistleblowers go through Page 33
  34. 34. Phases that whistleblowers go through 1 of 2AwarenessThe decision of conscienceRaising concerns internallyFacing initial reprisalsThe decision to commit fullyGoing public and the consequences Page 34
  35. 35. Phases that whistleblowers go through 2 of 2The war of attritionThe endgameConsequences for the rest of usWhat we can do Page 35
  36. 36. Notable Canadian whistleblowers Page 36
  37. 37. Notable Canadian whistleblowers 1 of 2Joanna GualtieriSean BruyeaRichard ColvinAllan CutlerIan BronBob GaleBrian McAdam Page 37
  38. 38. Notable Canadian whistleblowers 2 of 2Corporal Robert ReidDr Nancy OlivieriBob StenhousePerry DunlopDr John O’ConnorLinda Merk Page 38
  39. 39. Case study A Page 39
  40. 40. Case study A Page 40
  41. 41. Case study B Page 41
  42. 42. Case study B Page 42
  43. 43. Case study C Page 43
  44. 44. Case study C Page 44
  45. 45. Case study D Page 45
  46. 46. Case study D Page 46
  47. 47. Case study E Page 47
  48. 48. Case study E Page 48
  49. 49. Conclusion and questions Page 49
  50. 50. Conclusion and questionsSummaryVideosQuestions Page 50

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