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Blowing the whistle on it! May 2012
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Blowing the whistle on it! May 2012


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Half day open training event held in Toronto.

Half day open training event held in Toronto.

Published in: Business, Career

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  • 1. Blowing the whistle on it! by Toronto Training and HR May 2012
  • 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. Introduction Page 3
  • 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. Definition Page 5
  • 6. DefinitionWhat is whistleblowing? Page 6
  • 7. Individual antecedents of whistleblowing Page 7
  • 8. Individual antecedents of whistleblowingConsistent factorsInconsistent factors Page 8
  • 9. Situational antecedents of whistleblowing Page 9
  • 10. Situational antecedents of whistleblowingCharacteristics of the job/organizationCharacteristics of the wrongdoing Page 10
  • 11. Recent case Page 9
  • 12. Recent case 1 of 5Chopra et al. v Treasury Board (Department ofHealth) Page 12
  • 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. 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. 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. 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. Minimizing the chance of legal action Page 17
  • 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. 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. 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. What should awhistleblowing policy contain? Page 21
  • 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. 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. 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. Managers notified of a concern Page 25
  • 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. Tactics of cover-up Page 27
  • 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. Typical examples of wrongdoing Page 29
  • 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. Giving people the necessary skills Page 31
  • 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. Phases thatwhistleblowers go through Page 33
  • 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. Phases that whistleblowers go through 2 of 2The war of attritionThe endgameConsequences for the rest of usWhat we can do Page 35
  • 36. Notable Canadian whistleblowers Page 36
  • 37. Notable Canadian whistleblowers 1 of 2Joanna GualtieriSean BruyeaRichard ColvinAllan CutlerIan BronBob GaleBrian McAdam Page 37
  • 38. Notable Canadian whistleblowers 2 of 2Corporal Robert ReidDr Nancy OlivieriBob StenhousePerry DunlopDr John O’ConnorLinda Merk Page 38
  • 39. Case study A Page 39
  • 40. Case study A Page 40
  • 41. Case study B Page 41
  • 42. Case study B Page 42
  • 43. Case study C Page 43
  • 44. Case study C Page 44
  • 45. Case study D Page 45
  • 46. Case study D Page 46
  • 47. Case study E Page 47
  • 48. Case study E Page 48
  • 49. Conclusion and questions Page 49
  • 50. Conclusion and questionsSummaryVideosQuestions Page 50