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Speak Up for Corporates and Lawyers

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Speak Up for Corporates and Lawyers

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A talk given to an international law firm on how corporate culture can lead to fraud and environmental disasters and the pressure to stop employees speaking up against wrongdoing.

A talk given to an international law firm on how corporate culture can lead to fraud and environmental disasters and the pressure to stop employees speaking up against wrongdoing.

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Speak Up for Corporates and Lawyers

  1. 1. SPEAK UP ANIMAH KOSAI
  2. 2. Impossible doesn’t exist Ferdinand Piech SPEAK UP
  3. 3. SPEAK UP
  4. 4. ‣ Corporate Culture: ‣ Toxic, fear ‣ Pressure - targets ‣ Protect company - hide, deny, cover-up, lie ‣ Normalised Deviance: ‣ No company sanctions against persons charged ‣ Disregard for US law, arrogance ‣ No external whistleblowing SPEAK UP
  5. 5. Image: CNN SPEAK UP
  6. 6. What must be admitted – very painfully – is that this was a disaster “Made in Japan.” Its fundamental causes are to be found in the ingrained conventions of Japanese culture: our reflexive obedience; our reluctance to question authority; our devotion to ‘sticking with the program’; our groupism; and our insularity. Kiyoshi Kurokawa, Chairman of the Fukushima Nuclear Accident Independent Investigation Commission THE FUKUSHIMA DISASTER SPEAK UP
  7. 7. Residents of Iitate village listen to Mayor Norio Sugano,right back to camera, explain a government plan to evacuate residents from the village that's about 40 kilometers (24 miles) from the radiation-spewing Fukushima Dai-ichi nuclear plant in northeastern Japan, on Wednesday April 13, 2011. (Kyodo News) SPEAK UP
  8. 8. ‣ Power Dynamics: ‣ Collective obedience ‣ Don’t question authority ‣ Ignorance, arrogance ‣ Enables incompetence ‣ Disempowerment: ‣ Regulatory capture ‣ Comply with convention, not open to best practices ‣ Structure enables avoidance of responsibility, hide, non transparent SPEAK UP
  9. 9. SPEAK UP
  10. 10. I really look forward to working with you SPEAK UP
  11. 11. I agree Flynn is a good guy I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go SPEAK UP
  12. 12. I agree Flynn is a good guy I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go I was a bit stunned and didn't have the presence of mind. I don't know. I don't want to make you sound like I'm captain courageous. I don't know if I would have said to the president with the presence of mind, sir, that's wrong. In the moment, it didn't come to my mind. What came to my mind is be careful what you say. ? SPEAK UP
  13. 13. I will see what we can do lift the cloud hanging over me… Because I have been very loyal to you, very loyal; when had that thing you know. SPEAK UP
  14. 14. I will see what we can do lift the cloud hanging over me… Because I have been very loyal to you, very loyal; when had that thing you know. It was kind of a cowardly way of trying to avoid telling him, we're not going to do that. That I would see what we could do. It was a way of kind of getting off the phone, frankly, and then I turned and handed it to the acting deputy attorney general. ? SPEAK UP
  15. 15. ‣ Grooming ‣ Expectation of loyalty ‣ Harassment: ‣ Reminder of job security ‣ Environment: alone in the room, phone calls ‣ Threats - covert & overt ‣ Aggression - shame, distraction via social media ‣ Indirect orders ‣ Behaviour - focus on specificity but ignoring larger risks WILL NO ONE RID ME OF THIS MEDDLESOME PRIEST? SPEAK UP
  16. 16. DID YOU KNOW HOW MANY ISSUES STAY UNREPORTED? SPEAK UP EY Asia Pacific Fraud Survey 2017 https://fraudsurveys.ey.com/media/1334/ey_apac_fraud2017_preview-single.pdf PwC Global Economic Crime Survey 2016 https://www.pwc.com/gx/en/economic-crime-survey/pdf/ GlobalEconomicCrimeSurvey2016.pdf
  17. 17. STEPS TO TAKE C U LT U R E S T R U C T U R E S Y S T E M S P O L I C Y SPEAK UP
  18. 18. STEPS TO TAKE: POLICY C U LT U R E S T R U C T U R E S Y S T E M S P O L I C Y • Harassment Free Policy • Speak Up/Whistleblowing Policy. No Retaliation SPEAK UP
  19. 19. STEPS TO TAKE: SYSTEMS & PROCESSES C U LT U R E S T R U C T U R E S Y S T E M S P O L I C Y SPEAK UP • Independent & Anonymous Hotline • Clear avenues for reporting fairly handled, independent to avoid bias, follow up with reporter, take action and enforce policy • Written Process communicated to all including on boarding process
  20. 20. STEPS TO TAKE: STRUCTURE C U LT U R E S T R U C T U R E S Y S T E M S P O L I C Y • Corporate Governance practices ensuring clear separation between oversight and management • Compliance, Legal, Audit heads report to Board/Risk Committee. High risk issues (Safety, ABAC) direct to Board • Tiered reporting of issues. High level to Board, bypass management SPEAK UP
  21. 21. STEPS TO TAKE: CULTURE C U LT U R E S T R U C T U R E S Y S T E M S P O L I C Y SPEAK UP Organisational Culture • Open, transparent, encourage challenging. No echo chamber • Encourage and reward intervention • Low power dynamics • Diversity Leadership • Tone from the top. Leadership training - how to be open and receive feedback, No Blame Culture. • Ongoing awareness sessions and training.
  22. 22. THE JOURNEY SPEAK UP Assess ExecuteSet Vision & Goals Re-evaluateAnalyse Adjust
  23. 23. SPEAK UP ANIMAH KOSAI LinkedIn Twitter @SpeakUpAtWork animahspeakup@gmail.com

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