Stand By Me: The Role of the Support Person

Vince Scopelliti - Wednesday, February 28, 2018

For an employee who is on the receiving end of disciplinary action, performance management or a workplace investigation, it is an upsetting, and even a potentially traumatic experience. 

Every employee involved in such a process is entitled to have a support person present during any meetings or interviews. 

A failure to afford an employee a support person can result in the process being deemed a breach of procedural fairness, and the outcome may be declared invalid upon review.

what is the role of a support person?

The role of the support person in any interview or meeting is to provide moral and emotional support, ensure that the process is fair, and to assist with communication - they are not required, or permitted, to act as an advocate, put forward a version of events or make an argument on behalf of the employee.

While support persons are entitled to ask some questions about the process, it is crucial that they don't respond or answer questions in terms of the substance of the matter, on behalf of the employee. 

A person engaged as a translator cannot generally act as a support person at the same time.

CAN AN EMPLOYER DENY A REQUEST FOR A SPECIFIC SUPPORT PERSON?

Only in certain exceptional circumstances the employer can refuse to have a specific person sit in as a support person. 

These circumstances include where the requested support person:

  • Holds a more senior role in the organisation than the person who is conducting the interview - thereby creating a risk of undue influence or pressure by the support person on the interviewer;
  • Could be disruptive to the process or has their own agenda (such as a former employee or somebody who is known to be on bad terms with management or the executive);
  • Is involved with the subject matter of the investigation or may be witness to some of the events. A person who is involved in the investigation in some way cannot be seen to be neutral and it is not desirable for a potential witness to have access to the respondent's evidence. 

Although employers may be able to object to a specific support person who has been requested, they are required to advise employees of their right to select a different person.

tHE ATTITUDE OF THE FAIR WORK COMMISSION

When determining cases of unfair dismissal, one of the factors the Fair Work Commission considers is whether the employee was unreasonably denied the right to have a support person present during any interviews. 

Best practice for employers

To ensure best practice in disciplinary or investigative processes, the following steps should be undertaken:

  • Employees must be advised of their right to select a support person for any relevant meeting
  • Employees must have the opportunity for the meeting to be organised, within reason, at a time when the support person is available
  • The support person must receive a clear explanation of their role - that is, to provide moral support only. 
  • The employer must take into account any additional considerations that could apply, such as those involved in an Enterprise Agreement or similar negotiated agreement with the employee. 

Offering employees a support person to attend any meetings and interviews related to disciplinary action, performance management, or workplace investigation with them, is crucial to the fair outcome of these processes. 

For more detailed information on conducting interviews, you can purchase a copy of our book Investigative Interviewing: A Guide for Workplace Investigators. If you're conducting a workplace investigation and need assistance, contact WISE Workplace today.  

Managing Cultural Diversity in the Workplace

Vince Scopelliti - Wednesday, February 21, 2018

Organisations are no doubt aware of the need to comply with anti-discrimination legislation, but actively encouraging cultural diversity in the workplace is becoming increasingly important - it can offer potential benefits far beyond simple compliance with the law. 

Let's take a look at some of the benefits, and how organisations can manage cultural diversity. 

THE definition of cultural diversity

According to Diversity Council Australia, cultural diversity is "the variation between people in terms of how they identify on a range of dimensions, including ancestry, ethnicity, ethno-religiosity, language, national origin, race and/or religion".  

Having a culturally diverse workplace simply means that you employ staff with a range of different backgrounds.

why is cultural diversity important?

Staff members from a variety of cultures offer different perspectives, knowledge and experience, which can be very valuable to organisations. 

Some of the benefits of cultural diversity include:

  • Thanks to the internet, many businesses now have clients spread out across the globe. Having a culturally diverse staff can help facilitate stronger relationships with these clients, potentially providing a competitive advantage and even boosting market share. 
  • Having a variety of different backgrounds and experiences in your workforce can encourage innovation and 'out of the box' creative thinking and decision making. 
  • Fostering a tolerant, inclusive workplace is important from an employee point of view - staff are likely to be happier and more productive working in an environment where it is clear that everyone is respected for their differences.
  • A diverse and inclusive workplace can also help attract and retain top talent. 

So how can organisations manage diversity?

 Some tips for managing diversity include:

  • Celebrating regular diversity days to recognise and support differences in your employees. However, it is important to be aware of cultural sensitivities, and avoid the appearance of tokenism. 
  • Creating policies that support an inclusive environment for people from a range of cultural backgrounds and set out what behaviour will be regarded as discriminatory or prejudiced. 
  • Communicating these policies to all staff members.
  • Imposing penalties in circumstances where inclusion policies are not being followed. 
  • Making sure that those in management positions set a good example for inclusive behaviour.
  • Being clear about what each staff member is accountable for, so everyone is treated fairly. 
  • Offering all staff training in cultural awareness and understanding. This could take the form of seminars or workshops, and perhaps including first-hand accounts of what it's like to be from a particular cultural background. 
  • Ensuring that the business has some flexibility to fit in with cultural needs. For example, a business with a high number of Muslim employees may wish to offer a prayer room, or those with Indigenous members of staff may wish to acknowledge the traditional owners of the land prior to formal meetings or events. 
  • Being flexible enough to allow employees from different backgrounds to take time away for important religious and cultural rites.

Research has found that business performance improves when employees feel highly included and think their workplace is strongly committed to supporting diversity. 

If your workplace is having issues with managing diversity, WISE Workplace provides a number of services to assist you, including cultural surveys and mediation.

Evolving and Moving on from a Workplace Investigation

Vince Scopelliti - Wednesday, February 14, 2018

Most employers are aware of the importance of conducting workplace investigations to deal with complaints or allegations. But what happens after the investigation is over?

There may be a sense of disconnectedness, embarrassment, awkwardness or even anger amongst staff, particularly if disciplinary action has been taken or an employee has left the organisation. 

Although it is no doubt tempting to close the report on a workplace investigation and just move on, there remains a lot of outstanding work to be done before the job is truly over.

The report is finalised, but now what?

There are a number of steps employers can take to ease the way post-investigation. 

These include:

  • Touching base with all parties

The person who was the subject of the investigation would have been notified of any findings and consequences. But it is equally important for employers to touch base with any complainants, whether they are internal, external or on leave, and explain that the process has been finalised. Although exact outcomes may not be disclosed due to privacy or confidentiality reasons, it is important for employers to demonstrate that complaints have been taken seriously and duly investigated. 

  • Requesting constructive feedback

Although it is unlikely to be appropriate to ask the complainant or the respondent to comment on how they thought the investigation was handled, witnesses and other parties engaged in the process can be approached for feedback. This might include whether they felt the investigation process was transparent and fair, whether there is anything else they want to report about the company, and whether they felt there was sufficient communication throughout the process. 

  • Reviewing the actions of key decision-makers

This is a fantastic opportunity to consider the way your key decision-makers have behaved. This includes the quality of their decision-making, the steps taken by them to control the situation, and perhaps their involvement in the initial complaint. It can also provide an opportunity to observe how those in senior management interact with each other, and perhaps encourage changes to the chain of reporting and command.

  • Identifying any systemic or endemic problems

Perhaps this is not the first time a complaint of a similar nature has been made, or the same person's name keeps popping up. Maybe the investigation has identified a shortcoming in procedures or policies in the business. Employers need to identify any systemic issues and implement strategies to deal with them as soon as possible. 

Rebuilding the team post-investigation

Dealing with any uncertainty or disharmony and rebuilding your team is of primary importance. In the aftermath of an investigation, employers need to:

  • Consider whether the complainant and respondent can keep working together. Even if the allegations are not substantiated, it should be assumed that any future working relationship is likely to be strained, if not impossible. Careful consideration should be given to shifting work arrangements, ideally without either party feeling aggrieved by the change. If the parties must continue working together, mediation can help by enabling both parties to air concerns and come up with ground rules. 
  • Offer counselling to all affected parties, whether internal or external
  • Instigate a training program or a refresher course for all staff focusing on the behaviours reviewed in the investigation
  • Facilitate team-building exercises. Team-building exercises can help staff resolve any conflict they may feel, give them an opportunity to get to know each other better and to forge new connections in the wake of an investigation. This can be particularly important if a co-worker has been terminated. 
  • Seek feedback from your employees as to what steps could be taken to improve the workplace culture in general. 

Don't limit the investigative process to a band-aid solution. Once the immediate issue has been addressed, utilise the learnings to strengthen your team going forward. 

If you need effective resolution of workplace disputes after an investigation, WISE Workplace has a number of qualified and experienced mediators who can help your workers to resolve any issues post-investigation. 

How Surveys Can Uncover Secrets of Your Workplace Culture

Vince Scopelliti - Wednesday, February 07, 2018

Employers are becoming increasingly aware of the importance of a positive workplace culture. A workplace culture which helps foster happy employees can increase productivity, reduce absenteeism and have a positive flow-on effect to customers. 

But just how can senior management get staff, particularly junior staff, to open up about how they feel? One excellent and very popular method is by engaging in workplace culture surveys.

what is it?

A cultural survey is an important diagnostic tool to uncover the current health of an organisation, and is a way for management to determine strengths, weaknesses and important strategic areas of focus for the business. 

Using surveys, employers can establish whether they are on the "same page" strategically as their employees, if there are any concerns regarding bullying or unsafe workplace practices, issues affecting health and wellbeing, and what the business is doing particularly well.

Cultural surveys are frequently administered externally, and participants are guaranteed anonymity. This is an essential part of the process, as it permits staff to feel as though their responses, whether positive or negative, can be provided without fear of reprisal or criticism. 

They require a number of specific questions to be answered. The responses are then tallied and data is extracted and analysed in the form of a report which is generally presented to management or the board.

when to do a cultural survey?

The best time to introduce an initial cultural survey is when the senior leadership team has already begun implementing a process of cultural change, whether that involves becoming an employer of choice to potential new talent or retaining existing talent. 

Once a cultural survey has already been completed in the business, it is a good idea to repeat them regularly, perhaps every two or three years, for management to be able to assess how the business is performing against previous years and whether a change in direction may be required. 

what questions should not be included?

Part of focusing on improving a workplace culture also involves changing the way in which the business recognises and rewards exceptional performance. This mental shift should occur before the cultural survey is introduced - otherwise the business risks getting answers to the wrong sort of questions. 

Those questions include ones that do not consider what truly makes employees happy, but instead focus on factors such as remuneration, perks (such as professional coffee machines) or flashy offices. While these can be an important component of making an employee feel valued or happy in their role, they are rarely a determining factor in whether an employee truly feels committed to a business.

so what are the right questions?

Instead, employers should ensure that cultural surveys focus on questions such as:

  • Do you understand the company's goals, and your role in achieving those goals?
  • Do you feel as though your role is important in achieving the company's objectives?
  • Do you understand the company strategy and agree with it? 
  • Do you feel that your team is collaborative?
  • Do you feel that you have the skills necessary to perform your role, and if not, why not?
  • Is there anything in the workplace preventing you from performing your role?

Employers may also wish to ask staff what improvements they would make, given the chance. This can be a very useful tool in implementing a new strategic direction.

the benefits of a cultural survey

Perhaps the greatest benefit of a cultural survey is that when employees feel like they are connected to the "bigger picture", they are more invested in the business and feel part of a team. 

This in turn helps improve their reliability, performance, desire to participate and willingness to sacrifice (if necessary) for the good of the business. The sense of collaboration created by a cultural survey is an invaluable asset to the business. 

A cultural survey may also bring up issues which have not previously been identified by management, such as endemic bullying or a toxic workplace.

how to get started

These few simple steps can help employers get started on conducting a survey.

  • Be clear about the purpose of the survey
  • Ensure you offer all team members the opportunity to participate
  • Decide whether a face to face, paper or electronic survey is appropriate or even a combination of all three if you have high staff numbers
  • Decide on the timeframe for responses
  • Formulate the questions and keep it simple - for example avoid asking two things in the same question
  • Analyse the results - don't take the results on face value, for example a low response rate to a particular question may make the results meaningless
  • Follow up on the survey insights and take appropriate action

WISE Workplace is here to support your organisation. If you have a concern about a toxic culture, or staff are making complaints, we are well placed to help you conduct a cultural survey.