Protecting Whistleblowers: Are You Ready for the Changes?

Vince Scopelliti - Wednesday, December 05, 2018

With new whistleblower protections to take effect in early 2019, it is essential that organisations understand the broad legislative changes to the Corporations Act 2001 due to be debated in Parliament. In addition to the requirement for formal mechanisms and strategies to protect and assist whistleblowers, both public and large private corporations will need to be able to 'spread the word' to staff in a practical way. 

Successfully embedding the changes to whistleblower protections into your organisation requires clear understanding, action and communication. With 2019 just around the corner, the time is right to ensure that you have all the information that you need to meet the new obligations.

WHat is the definition of a 'whistleblower'? 

Blowing a whistle has always been a common method for citizens to warn others of significant problems such as overcrowding, bad sportsmanship or dangerous waters. Whistleblowing has nevertheless developed some negative connotations in the corporate world. 

Despite the need to guard against corruption and corporate wrongdoing, corporations have in the past done little to actively protect those who speak up from being harmed. The new regime, due to be enacted in early 2019, includes compensation for any whistleblower who suffers statutorily-defined 'detriment'. 

No longer will the definition of whistle blower be restricted to current employees: past and present contractors, workers, suppliers, family members and many other stakeholders can rely upon the new protections.

who the changes apply to 

The proposed changes to the Corporations Act 2001 will effectively ensure that large employers provide the incentive, means and protection for individuals to blow the whistle when corporate wrongdoing is suspected. The changes formalise the legal protections that have been available in a relatively piecemeal manner across time. 

The new regime will mandate that all Australian public companies, large proprietary companies, and registerable superannuation entities will have compliant whistleblower policies in place by early 2019. Further, it will be necessary to demonstrate that stakeholders can safely and anonymously exercise their right to blow the whistle on corrupt practices. 

reach of the new bill

The demands on corporations flowing from the changes to whistleblower laws via the Treasury Laws Amendment (Enhancing Whistle-blower Protections) Bill 2017 can certainly seem daunting. As an example, the new Bill requires that corporations provide clear, comprehensive and anonymous pathways for any staff or stakeholders who wish to report suspected wrongdoing. 

This includes demonstrating that policies and procedures designed to promote and protect whistleblowing are accessible by all stakeholders. Further, access to an anonymous helpline is crucial to ensure that parties can talk freely about any suspicions of wrongdoing. 

The reach of the new Bill includes the ability to look at past corruption and in some cases to award damages to workers or others who have suffered detriment in the past as the result of blowing the whistle.

next steps? 

In the short time remaining between now and when the new whistleblower changes come into being, it is essential that all relevant organisations audit their current practices relevant to the new Bill. To assist our clients in understanding the proposed changes, we have published a white paper, which is available for free download. 

One core offering that we provide is our industry-leading Grapevine Confidential Whistleblower Hotline. Staffed 24 hours a day, 7 days a week, Grapevine provides employees with the opportunity to make anonymous complaints to trusted and experienced operators. 

WISE has provided Grapevine since 2016, and the hotline enhances the way our clients manage their business, but also allows them be legally compliant with the new regulations. January 2019 is fast approaching. If you would like any additional information or an obligation free proposal, contact WISE today! 

22 Types of Workplace Bullying Behaviour

Vince Scopelliti - Wednesday, November 21, 2018

Bullying is the scourge of many workplaces. There are few things which destroy office morale, tear apart team cohesion or cause good staff to leave as quickly as victimisation and harassment in the workplace. Interestingly, research has identified 22 different types of bullying conduct which might be encountered in the average workplace. 

We outline these different types of bullying and provide tips on how to avoid situations that cause this type of conflict in the workplace. 

What is the legal definition of bullying?

According to Fair Work Australia, a person is bullied in the workplace if they are repeatedly subjected to unreasonable behaviour by another person or group of people, or if that behaviour creates a risk to the health and safety of the bullied employee. 

Bullying includes teasing, exclusion and unreasonable work demands, but does not include reasonable disciplinary action or control of workflow. 

types of bullying behaviour

Research conducted by the University of Wollongong into 500 Australian employees over a 12-month period identifies the following different types of bullying behaviour: 

  • Withholding information (relevant to a person's employment or role)
  • Humiliation and ridicule
  • Tasking a person with work that is below their level of competence
  • Removing responsibility from a person who has earned it
  • Spreading gossip or rumours 
  • Ignoring or excluding a worker
  • Making personal insults
  • Shouting at or otherwise berating a person
  • Intimidating behaviour
  • Providing hints or signals that a person should resign or abandon their job
  • Reminding a worker constantly of errors or mistakes they have previously made
  • Persistently criticising an employee
  • Ignoring a worker hostile behaviour towards a worker
  • Ignoring a worker's opinion
  • Playing practical jokes or pranks
  • Imposing unreasonable deadlines
  • Making unfounded allegations
  • Excessively monitoring an employee's work
  • Putting pressure on an employee not to claim entitlements such as annual leave, personal leave or carer's leave
  • Teasing an employee
  • Imposing unreasonable workloads
  • Making threats of violence or engaging in actual abuse

These types of conduct, if repeated, generally present themselves in categories of limited indirect bullying, task-related bullying, or occasional bullying, or frequent bullying. Regardless of the cause, bullying results in increased absenteeism as a result of physical and mental health consequences on the worker who is affected. 

The risks of bullying

Apart from the obvious risks of employees resigning or taking extended periods of leave due to bullying, employers should also be aware of the potential for presenteeism - where staff turn up but are too affected by the bullying to effectively perform their work. 

Should employers fail to deal with bullying behaviour, they may be in non-compliance with their duty of care and their obligation to provide a safe and healthy workplace.

What can employers do? 

It is essential for employers to set clear boundaries on what sort of behaviour is and is not acceptable in the workplace. The most effective way to do this is to create clear and direct policies which are well publicised to all staff, ensuring awareness. 

Staff should also be trained in dealing with subtle acts of bullying, which could over time escalate into more serious types of bullying. 

Employers can best combat bullying by fostering a positive workplace culture as a whole, and encouraging strong leadership and communication. This includes giving staff sufficient resources to do their jobs effectively, providing positive feedback and resisting the urge to micromanage. 

WISE Workplace is against workplace bullying and provides training for employers on how to investigate allegations of bullying in the workplace. If your organisation wants to create a workplace environment that is free from discrimination, harassment and misconduct, contact us today! 

Managing Mental Illness in the Workplace

Vince Scopelliti - Wednesday, October 17, 2018

What can employers do to support and effectively manage employees who may be struggling with their mental health?

With an estimated one in five Australian adults suffering from a mental illness in any given year, this is becoming an increasingly important question for organisations to answer. 

From talking to an employee with a mental illness to addressing performance concerns, here's how employers can help support workers with mental health issues. 

how to talk about mental illness with a worker? 

Employers can't be expected to be experts, but when speaking with an employee about a mental health issue, it is helpful to have a basic understanding of the condition in question. This might include any symptoms, specific terms that relate to the condition and types of medications the employee is likely to be prescribed. 

How conversations are framed is crucial - employers should refer to employees as 'having' mental health conditions, as opposed to 'being' schizophrenic or depressed. Employers should also understand the difference between episodic and chronic mental health issues. 

Prior to conversations with employees about their mental health, employers need to ensure that they are prepared, have planned what they wish to discuss and offered the employee the opportunity to bring a support person with them. Employers may also make use of the assistance of a qualified mental health professional when approaching these meetings. 

concerns regarding an employee's mental health

While a physical injury might be obvious, it can be much more difficult to determine if an employee is struggling with their mental health. It is important for employers to remember that there isn't always an obligation for employees to disclose their mental health status. 

In these circumstances, an employer concerned about an employee's mental health can speak confidentially with them and advise them that they may be able to access support from a formal Employee Assistance Program (EAP). The employer may also wish to ask whether there is anything that they can do to modify or improve the workplace to assist the staff member. 

what to say to other employees

If an affected employee has volunteered details of their mental illness, and has agreed to disclosure, employers may wish to sensitively and respectfully disseminate information about the specific condition, or even arrange for mental health specialists to attend the workplace and provide information. 

Employers must not breach an affected worker's privacy and disclose matters that are personal to them. On some occasions, however, an employee's mental health condition may potentially impact other colleagues, or health and safety and must be disclosed. 

When a disclosure has been made, employers need to ensure co-workers:

  • Are supported in relation to any increased workload arising from their colleague's absence;
  • Have their concerns addressed and discussed in an appropriate forum;
  • Are offered access to internal or external counselling services;
  • Are protected from possible harm. 

Making reasonable adjustments

Workers who are struggling with mental health issues may find that they are able to contribute in a much more substantial way if their employer is prepared to make reasonable adjustments. These could include:

  • Flexible working hours or working from home arrangements
  • Moving an employee's physical location (i.e. into a quieter area, closer to a window, away from a co-worker who is triggering their condition)
  • Permitting employees to record meetings or take electronic notes if they are concerned about their memory. 

Addressing performance concerns

When an employer has concerns about an employee's capacity or capability to perform their duties, it is appropriate to apply the organisation's standard performance management system, and provide support to assist the employee. This support should be offered regardless of whether or not the employee has disclosed a mental health condition. 

Employers should consider:

  • Personal circumstances that may contribute to a worker's performance issue, as would be the case for all workers; 
  • Whether a mental illness may be contributing to the poor performance;
  • The seriousness of the performance concern (as for more serious matters, such as violence, there may be no option but to take strong disciplinary action regardless of whether there is a reason, such as a mental illness); 
  • Whether the performance concern relates to a key part of the job or whether reasonable adjustments can be made;
  • Encourage and enable the worker to discuss the performance concerns and whether there are any health issues that may have impacted on their performance. 

If the concern doesn't resolve and the adjustments don't work, employers may need to revisit the issue at a later date. 

If you'd like more information, check out our series of articles on this topic, starting with Mental Health in the Workplace. WISE can also assist with drafting and implementing policies and guidelines around disclosure, reasonable adjustments and speaking to colleagues about mental health.

To Disclose or Not to Disclose

Vince Scopelliti - Wednesday, October 10, 2018

For many employees, one of the most difficult aspects of navigating the modern workplace is deciding whether to disclose a mental health issue.

Not every employee is required to be open about their condition, and there is often a fear of the potential consequences for their career if they are. 

We take a look at when an employee is obligated to disclose, what employers must do, and the pros and cons of disclosure. 

what does the law say about the employee's responsibility? 

When dealing with mental illness in the workplace, employees are not required to share details of their condition with employers unless there are legitimate concerns that it may affect their ability to perform their role properly. 

For example, employees who operate heavy machinery but are struggling with alcoholism, drug addiction or are reliant on certain types of medication should advise their employers, so that they do not risk their safety or that of their colleagues. 

Failing to share this information could mean that the employee is in breach of their obligations under Work Health and Safety legislation.

what must employers do?

Commonwealth legislation determines that it is unlawful for employers to discriminate against their employees for a variety of reasons, including discrimination on the basis of a mental health condition. 

According to the Disability Discrimination Act 1992 (Cth), employers cannot act in a discriminatory fashion towards employees based on past or future conditions, temporary or permanent conditions, or actual or imputed disabilities. 

Types of discrimination which employees with mental health conditions may face include:

  • Direct discrimination, for instance when a candidate is not hired or an employee is disciplined inappropriately because of their mental health. 
  • Indirect discrimination, for example requiring all employees to eat lunch in the staff lunchroom - which for instance might cause difficulties for employees with anxiety. 

Choosing not to make adjustments for an employee who is struggling with their mental health is a form of discrimination. 

There are also obligations on employers around disclosing an employee's mental health status to others in the organisation. All employment relationships include an inherent requirement of confidentiality, which means that employers are prevented from discussing or disseminating information about their employees' mental health. 

Exceptions can be made in circumstances where the information must be shared in order to prevent or lessen a serious and imminent threat to the life or health of the employee or as required by law.

pros and cons of disclosure

Workers who don't have an obligation to disclose often struggle with the pros and cons of sharing this information with their employers and co-workers. 

A clear advantage of disclosing this information is that colleagues are aware of the circumstances under which the employee is operating and can provide a level of social support. Managers who know that a team member is struggling with mental health issues may well be more sympathetic, and can assist by providing more flexible working arrangements, lessening workloads in times of crisis, or otherwise ensuring that the workplace is generally accommodating of the employee's needs. 

Further, ill-founded rumours or gossip may be avoided by an employee being open about the difficulties they are facing and could help de-stigmatise mental health issues in the workplace. 

Disadvantages include sharing very private information with colleagues, which may be disseminated to other people in the organisation and have the potential to result in harassment or discrimination. This may be particularly relevant in circumstances where the mental health condition is temporary or does not affect the ability of the employee to perform their duties adequately.

mental health and wellbeing in the workplace

Employees can contribute to good mental health at work by:

  • Taking care of themselves
  • Avoiding known triggers
  • Participating in exercise
  • Taking regular breaks during the work day
  • Staying up to date with any medication 
  • Relying on a support network (both inside and outside work)
  • Avoiding external influences like excessive alcohol or drugs. 

If you would like more information on mental health in the workplace, check out our series of articles on Mental Health in the Workplace. WISE Workplace can also assist employers with drafting and implementing policies relating to mental health disclosure.  

Job Stress, or Psychological Injury?

Vince Scopelliti - Wednesday, October 03, 2018

Being aware of job stress, and proactive about its potential effect on staff and their ongoing mental health, is an important component of ensuring employee satisfaction and OHS in any business. 

But it is crucial not to confuse job stress with a psychological injury, which may or may not have been caused by the work environment. 

the difference between the two

A psychological or mental disorder includes a range of cognitive, emotional and behavioural symptoms which ultimately interfere with an employee's functioning and can significantly affect how they feel, think, behave and interact with others. 

This is to be contrasted with job 'stress', which can be better described by referring to physical and emotional symptoms arising in work situations. 

For example, an employee who is experiencing conflict with their manager and feels mildly apprehensive about working shifts with the manager, including feeling physical symptoms such as a slightly increased heart rate or perhaps perspiration, is likely to be suffering from job stress. 

An employee who has sustained a psychological injury may well experience 'stronger' symptoms more commonly associated with a diagnosis of anxiety or post-traumatic stress disorder arising from their interactions with their manager. 

Examples of psychological disorders

Psychological disorders can generally be grouped into three types: mood disorders (such as depression or bipolar disorder), anxiety disorders (including anxiety and post-traumatic stress disorder), and psychotic disorders (such as schizophrenia or borderline personality disorder). 

There is a wide spectrum according to which the severity of any condition can be assessed, and simply because an employee has been diagnosed with a condition that is generally perceived to be 'serious', such as schizophrenia, this certainly does not preclude them from being fully functioning members of your team. 

early signs and symptoms of psychological disorders

It goes without saying that the signs and symptoms of a psychological disorder differ depending on the type of injury. Although far from an exhaustive list, some symptoms could include:

  • Depression: significant changes in behaviour including difficulty concentrating, drinking more alcohol as a means of self-medicating, lack of energy, finding it difficult to manage tasks which were previously easily handled, increased absenteeism. 
  • Bipolar disorder: extraordinary levels of energy, dramatic change in personality in the workplace, struggling to meet reasonable deadlines, and symptoms of depression (when the employee is 'down')
  • Anxiety disorders: unusual irritability, anxiety attacks, excessive worrying about workload or specific tasks.
  • Schizophrenia: demonstrated suspicion of co-workers, 'odd' ideas or erratic behaviours, talking to themselves. 

Tactful and considered interventions are encouraged in circumstances where employers, managers or HR initially begin to notice signs of distress or job stress.

Although intervention and assisting an employee in seeking professional assistance can in some cases possibly prevent symptoms from deteriorating, and the employee from developing a full psychological illness, this should only be undertaken by qualified and sympathetic staff. Care also needs to be taken to maintain the privacy of the employee at all stages of the intervention process. 

how is a psychological injury diagnosed?

Only an appropriately licensed medical practitioner, such as a psychiatrist, psychologist or general practitioner should diagnose a psychological injury. It is anticipated that, if required, this medical practitioner will either prescribe appropriate therapy, pharmaceutical relief or both. Further, that practitioner should also conduct a 'capacity for work' assessment, if this is required before the employee is able to return to their usual duties. 

With appropriate support, even employees with significant psychological injuries or disorders should be able to continue working. Of course, this will require support from the employer in ensuring that potential 'triggers' are avoided as much as possible. 

Key determinants in assessing whether employees with psychological injuries are able to continue working include an assessment of their interpersonal functioning with their co-workers, the risks to the personal safety of any other employees, and the potential side effects of any medications. 

Our article Mental Health in the Workplace offers more information on mental health issues. Contact us to find out how we can assist with the trickier aspects of ensuring that your staff are as healthy, happy and productive as possible.

Mental Health in the Workplace

Vince Scopelliti - Wednesday, September 26, 2018

Making sure that your staff are fit and healthy, enabling them to perform their duties at an optimal level, forms an essential part of being an employer of choice. But beyond ensuring that your staff are physically capable, it is essential to also look after their mental wellbeing. 

Underestimating the importance of mental health in the workplace is likely to have lasting impacts on your workers, your business and clients. 

OHS legislation requires employers to provide a safe and healthy work environment for all workers, which does not cause ill health or aggravate existing conditions.

In a series of articles, we'll examine the impact of mental health issues in the workplace, how to take appropriate steps to support staff suffering these conditions, and how you can promote mental wellness in your organisation. 

WHAT IS mental health?

Mental health is about emotional, psychological and social wellbeing. For an employer, this means keeping an eye on whether your staff are struggling to keep on top of things inside and outside of work, and taking steps to assist them with dealing with any difficulties that may be impacting their productivity. 

There are many types of mental illness, including depression, anxiety, obsessive compulsive disorder, personality disorders (such as borderline personality disorder), bipolar disorder, and schizophrenia.

the scope of the issue

According to the Australian Human Rights Commission (AHRC), around 45% of Australians aged between 16 and 85 will suffer from the symptoms of mental illness at some point during their lives. In any given year, one in five adults will deal with a mental illness. 

Some workers will commence their employment already suffering from symptoms of mental illness, while others may develop their mental illness while at work. 

In many cases, the mental illness will develop separately from circumstances in the workplace. In others, a negative or "unhealthy" work environment will contribute to staff developing mental health issues or may exacerbate underlying conditions. 

Some factors which can contribute to poor mental health in the workplace include job stress, poor workload management or unrealistic deadlines, poor communication, bullying and an overall lack of support.

the impact of poor mental health

Research shows that the cost to business of failing to pay proper attention to mental health is significant. 

The AHRC reports that workers compensation claims relating to stress and associated mental illnesses cost Australian businesses $10 billion every year. The failure of businesses to recognise the potential impact of mental health issues and failure to implement preventative or remedial measures such as early intervention, has been estimated to cost over $6.5 billion per annum. 

Absenteeism due to mental illness is another issue, with an estimated 3.2 days lost each year per worker. 

The difference between job stress and psychological injury

When it comes to identifying mental health issues in the workplace, there is a difference between work stress and psychological injury. 

Psychological injury includes behavioural, cognitive and emotional symptoms which have the potential to significantly impact a worker's ability to perform their job and interact with co-workers. 

This can be distinguished from job stress, which is generally a reaction to a specific situation which can be resolved, and is not a standalone injury.

To disclose or not to disclose 

In some circumstances, it is important for employees to disclose their mental health status. This is particularly the case if they are taking medication which could affect their ability to perform their usual employment, or if there are general concerns about safety or interactions with other staff. 

An employer has an obligation not to discriminate against staff because of their physical or mental attributes, including their mental health.

Managing and supporting mental health in the workplace

Employers can provide support by having guidelines in place for how to talk to a worker who has disclosed that they are suffering from mental health difficulties, and how employees can adjust to dealing with a colleague with a mental health issue. 

It's also essential for employers to know how to address performance concerns involving employees who are experiencing mental health struggles, without discriminating or taking ill-considered disciplinary steps.

Creating a safe and healthy workplace for all

This starts with non-discriminatory employment practices and implementing long-term strategies to promote a healthy culture and a positive workplace where staff feel they are making a meaningful contribution to an overall goal, are supported and happy to come to work. 

It's also important to create direct services to assist workers with mental health issues who require support and adjustments in the workplace. According to the AHRC, every dollar spent on identifying, supporting and managing workers' mental health issues, yields nearly a 500% return in increased productivity. 

It is highly likely that at least one worker in your workplace will, at some point in time, have a long or short-term mental illness. While you do not need to become an expert in mental health, having a better understanding of what mental illness is (including its possible effects on a worker) enables you to be more effective in handling issues that may arise.  

Preventing the Sexual Abuse of Adults with a Disability

Vince Scopelliti - Wednesday, September 12, 2018

Sexual abuse of people with a disability is a crime that unfortunately is often misunderstood, undetected and ultimately overlooked by organisations. Individuals with a disability are often uniquely vulnerable to sexual and other forms of abuse and deserve both strong protection and swift action in relation to any such allegations. 

Organisations responsible for the care of people with a disability are entrusted with the tasks of fully understanding the signs of sexual abuse, dealing with disclosures, and putting in place robust procedures for prevention and action.

the issue of consent

For organisations or individuals who care for a person with a disability, it can at times be difficult to ascertain the presence or absence of consent to sexual activity, particularly where the person accused is a spouse, partner or other close companion.

Part of this uncertainty is tied to society's historical myth that people with a disability are inherently non-sexual. Yet at the other end of the spectrum is the very real potential for sexual exploitation and abuse of people with a disability. Navigating the difficult issue of consent to sexual activity in these contexts requires a nuanced approach to each individual allegation. 

The above-mentioned nuanced approach only applies to adults with a disability. When children with a disability are concerned, the standard rule applies that children under the age of consent are unable to consent.

signs of abuse

In some cases, the individual with a disability will be able to quickly and clearly articulate their complaint of sexual abuse in care. 

However, just as each person with a disability is unique, so are the types and complexities of presenting issues. This can create challenges for those seeking to prevent and/or investigate sexual abuse allegations. For example, verbal or intellectual capacity issues can reduce the ability of carers and others to absorb the gravity of a situation. 

There are some key signs however that a person with a disability might be the victim of sexual abuse. Sudden changes in behaviour, temperament or activities can often raise the alarm. This could involve exhibiting fear towards an individual, acting out sexually or becoming uncharacteristically aggressive. 

Physical signs can include restraint marks, facial bruising or blood in the genital area. There are many more signs - some quite subtle - that a person with a disability has been subjected to sexual abuse. 

It is crucial that all staff and family members are aware of these and are prepared to take swift and appropriate action to further the matter. Further, investigators require utmost sensitivity and diligence during any investigation. 

Disclosure of abuse

Unfortunately, it is both the subtle, insidious and complex nature of sexual abuse of people with a disability that can prevent or delay the disclosure of the crime in question. The person with the disability may be hampered in their attempts to disclose - either by the nature of their disability or a lack of concern shown by those around them. Staff caring for the individual must therefore be trained and supported in the key steps needed to swiftly and effectively report any suspicions of sexual abuse against vulnerable individuals.

The organisations role

Organisations that are entrusted with the care of persons with a disability have a number of distinct obligations when it comes to the prevention and reporting of sexual abuse. At the heart of these requirements lies an ethic of care that embraces the right of all individuals to live free from harm. 

This inherently includes provision of care services that respect, protect and enhance the lifestyles of people with a disability. Moving outwards from this are legislative and policy requirements for management and professionals working in the care environment, as well as health and safety constraints that protect the welfare of all involved in disability care contexts. 

Yet perhaps the most important role for organisations is the development of robust policies and procedures designed to prevent, detect and act upon complaints of sexual abuse. Training all staff, family, clients and relevant community members in the content and application of these resources is essential to the welfare of those in care environments.  

If concerns have been raised in your organisation and you would like to conduct an investigation into the allegations, contact WISE today. Alternatively if your organisation requires a safe, secure environment to report concerns or complaints, WISE has a Confidential Whistleblower Hotline (Grapevine), enabling insightful management of complaints and the ability to bring about real cultural change and reduce risk. 

What To Do When Faced With Allegations of Child Sexual Abuse

Vince Scopelliti - Wednesday, August 22, 2018

In the event of an allegation of child sexual abuse in the workplace, it is essential that immediate steps are taken to ensure the safety of any child allegedly involved. 

Following from this crucial first response, mandatory reports need to be made to the relevant statutory child protection authorities and subject to any police investigation, the allegations must be objectively investigated. The investigation report must be provided to the appropriate authority. 

As a society, we are beginning to understand the true nature and extent of child sexual abuse, including the insidious manner in which this crime can take place. Employers must be swift to report where required, providing all necessary support to various parties throughout the course of the investigative process. 

If in doubt, reporting child abuse allegations to the Police is preferable to inaction.

preying on vulnerability

Child sexual abuse by its very nature is a violation of trust, relying as it does upon the vulnerability of minors. As well as involving criminal physical and sexual acts, emotional abuse 'grooming' and 'crossing boundaries' are now recognised as being part of the matrix of child sexual abuse. 

For example, in an educational setting or community group, crossing boundaries and grooming can involve subtle favouritism from the employee towards one or more children. This can develop into a falsely 'special' connection that can ultimately lead to more tangible forms of abuse. 

For employers, protection against child sexual abuse by employers will require knowing the warning signs of inappropriate relationships and acting swiftly where needed.

Employers' responsibility to report

If an allegation of child sexual abuse arises in the workplace, the first priority for the employer is to secure the safety and welfare of the child/ren allegedly involved. This holds true even if the allegation is speculative or based upon unverified reports. 

Some employers will have mandatory reporting requirements dictated by legislation, which will require the reporting of any activity causing or likely to cause harm to a child as soon as is reasonably practicable in the circumstances. 

Above all, employers who become aware of possible child sexual abuse in the workplace must not delay reporting until a finding has been made. A report needs to be made as soon as the employer becomes aware of the allegation. 

Further, while strong policies around the reporting of child sexual abuse will guide timely and appropriate action, a failure to act cannot be blamed upon the lack of such resources.

Across australia - reporting child sexual abuse

As a nation - and particularly since Australians have become more aware of our institutional failures - we have learned to better protect and support children who are subject to child sexual abuse. 

If an allegation of child sexual abuse arises in connection with employment, there will be subtle differences between the Australian States and Territories regarding the form that a report should take. 

A summary report by the Australian Institute of Family Studies (AIFS) demonstrates that while there are some differences in the size and quantity of State and Territory legislation protecting children, the overall structure is similar - a Child Protection (or similarly named) Act, plus in many cases statutory reporting requirements to a statutory child protection department and/or Ombudsman, or similar body. 

Regardless of which jurisdiction an employer operates in, it is important to remember that procedural fairness must be provided throughout the entire process from allegation through to investigation and reporting. 

internal or external investigation? 

An allegation of child sexual abuse in the workplace will ordinarily be followed by practical steps to ensure the immediate safety and welfare of the child involved. 

Following this, the person or persons alleged to have carried out the abuse need to be informed of the allegation and advised of the next steps to be taken. 

Depending upon the severity of the alleged conduct, a period of immediate leave might be provided. It is vital to ensure that the person accused is given all necessary information about the process. This will include giving an initial outline of the allegation, the nature of reporting requirements and the type of investigation to be undertaken. 

Whether an investigation should be carried out internally or externally is a vital question for employers to consider. In such sensitive cases as child sexual abuse allegations, an internal investigator would need to be knowledgeable and experienced in all facets of objective and fair workplace investigations, be familiar with Child Protection Legislation and be experienced at interviewing children. If a workplace exhibits turmoil and division regarding the allegation, or expertise is simply not available in-house, then it might be best to source external assistance in conducting the investigation. 

When allegations of abuse arise the primary focus must be the safety, welfare and wellbeing of any child who may have been involved in the alleged conduct - or who may be at risk of harm due to contact with that employee. 

If you work with children and want to ensure your practices are current, WISE provides training services, including investigating abuse in care. Alternatively, if you have an allegation of abuse, and are unsure what to do, contact WISE today! 

Managing Complaints - How To Find The Positive

Vince Scopelliti - Wednesday, June 13, 2018

When an employee complaint alleging workplace discrimination or harassment is lodged, it is usually seen as a negative moment in the life of the organisation.

However, it is possible for an employer to view this as a positive phenomenon, rather than a sign of complete failure. This is because well-handled complaints can illuminate hidden corporate weaknesses, as well as any lurking issues affecting staff morale or motivation. Such information can become a valuable catalyst for positive change across the broader business - a win-win for internal and external stakeholders alike.

Best-practice in complaints handling is dependent upon a structured complaints process that includes two key ingredients: the quality of investigation process and the structure of the complaints process itself.

1. A thorough high-quality workplace investigation is an essential tool in the management of internal complaints, including allegations of discrimination and harassment.

2. The structural framework of internal complaints policies and procedures will necessarily be clear, accessible and well-publicised. A well-managed complaint can be a good news story not only for the people involved, but for the broader success of the business.

INVESTIGATING DISCRIMINATION AND HARASSMENT 

When an employee complains that they have been the subject of discrimination or harassment, it is highly likely that there will be differing opinions and perspectives as to whether or not this is actually the case.

As a result, best-practice workplace investigation requires fair, open and even-handed treatment of all who are involved in the investigative process. Further, it is important for investigators to move at a reasonable and logical pace, first making preliminary enquiries before deciding on any next steps.

But what does a good investigation mean on the ground? One key concept is procedural fairness. This means that parties involved are equally able to access the process, to be heard in a substantive way and to be given a fair opportunity to understand and respond adequately to any claims made against them. Under procedural fairness parties have the right to an impartial decision-maker and to having a support person present during their interview. Professional investigators must be seen to be unbiased in every phase of the workplace investigation.

Added to this, a high-quality workplace investigation will ensure that all relevant and reliable evidence has been carefully obtained, anaylsed and included appropriately in the final report. There can be no room for short cuts or preferential treatment in workplace investigations.       

Robust complaints policies and procedures

Employers, investigators, complainants and witnesses alike should ideally all have access to a durable set of internal policies and procedures covering common areas of complaint.

A strong policy document detailing how and to whom to make a complaint should be accessible, user-friendly and up-to-date. The policy should also direct the reader to one or more procedures that need to be followed in the event that an alleged instance of harassment or discrimination has occurred. This is often a time of great stress, and instructions to complainants should be clear and helpful.

Internal policies and procedures that are complicated, badly written or tucked away in a dusty filing cabinet are of little-to-no assistance to the individual seeking to make a complaint.

This is why good investigations and good complaints policies go hand-in-hand: even the best investigator will struggle to keep things fair if complaints policies are convoluted or absent, or if procedures leading up to the investigation are sub-optimal.

Perhaps most importantly, managers and employees should be trained in practically accessing and using these documents, at all stages being assured that complaints are taken seriously and are indeed welcomed by the organisation.

Step by step pathways

A sound complaints process begins with employees first being made aware of a useable and fair pathway for their grievance. A good internal complaints system will work step-by-step through a logical process. This means initially providing clear and succinct information on the nature of common complaints, some definitions where appropriate, the bigger picture of the complaints process and - perhaps most importantly - who to speak with in the first instance about the particular concern.

An internal complaint is a golden opportunity for employers to gain important information about people and workplaces. For this reason, the internal complaints system should be presented in a simple, cordial and helpful format.

Problems arise every day that require the existence of an effective complaints and investigations pathway. Thankfully many complaints can be quickly and easily resolved. However, if you need to undertake investigations or a review of your HR policies, and want to ensure you are conducting it with best practice, our training is developed by investigators for investigators. Contact WISE today to find out more.

How to Deal with Bullying in Hospital Environments

Vince Scopelliti - Wednesday, June 06, 2018

Hospitals - very few people like them, yet many of us will be a resident at one time or another. Even though hospitals can be sources of great joy, places where babies are born, miracles happen and lives are saved, they also represent sickness, injury, death, and some pretty ordinary food! 

The people who work in them - the doctors, surgeons, nurses, aides, assistants, administrators and catering staff - perform difficult work in an extremely stressful environment. Imagine the potential consequences when the added stressor of workplace bullying is added to the mix.

Factors which facilitate bullying in this environment 

Hospitals and the healthcare sector remain a particularly hierarchical environment - carers need to get sign-off from nurses before passing out certain medications, nurses confirm recommended treatments with doctors, doctors and surgeons rely on their own pecking order. 

This hierarchy, and the importance of culture and following rules, automatically puts certain workers in a subordinate position relative to others.

Lateral violence, verbal, physical and psychological bullying among peers, can also be an issue in the health services. 

Combined with the stress of having to deal with time-critical emergencies, becoming involved in physically and mentally straining situations and dealing with the trauma of patients suffering, hospitals are the perfect breeding ground for hostility, anger and frustration.

Prevalence of bullying

Bullying in the healthcare sector is an under-recognised but pervasive problem. Hospitals often have scant or limited resources and staff are under significant pressure, which may contribute to the prevalence of workplace bullying.

The Australasian College for Emergency Medicine surveyed its members in 2017 and found 34% had experienced bullying, 16.1% had experienced harassment and just over six percent had been victims of sexual harassment. A landmark 2015 report commissioned by the Royal Australasian College of Surgeons showed that almost half of all surgeons had experienced bullying, discrimination or sexual harassment. 

The Victorian Auditor General Office, in its 2016 report to the Victorian Parliament, 'Bullying and Harassment in the Health Sector', stated 

"The Health Sector is unable to demonstrate that it has effective controls in place to prevent or reduce inappropriate behaviour, including bullying and harassment. Key controls that would effectively reduce this risk to employee health and safety are either inadequately implemented, missing or poorly coordinated." 

However, by its very nature, bullying in this type of workplace can be particularly difficult to detect and manage. 

Consequences of bullying

The potential consequences of bullying are significant. In addition to litigation arising from the bullying and costs associated with worker's compensation or other payouts, a number of issues can arise. These include:

  • High turnover amongst dissatisfied staff
  • Presenteeism - where staff turn up at work, but are unhappy or stressed and perform inadequately, which is particularly dangerous in a hospital environment. 
  • Increased absenteeism
  • A poorly functioning team environment that can adversely affect staff and patients.      

are there solutions to bullying in high-stress environments?  

Key strategies to help solve the problem include:

  • A focus on workplace culture, including by conducting regular cultural audits. 
  • Encouraging a 'mentor' or 'buddy' system (in consultation with unions where appropriate), or otherwise provide a supportive environment whereby staff are encouraged to vent or ask for assistance with any matters they are struggling with. 
  • Facilitating easy access for staff to obtain confidential counselling, or advice services. 
  • Fostering an environment where staff feel comfortable raising concerns and complaints with their peers and management.
  • Having clear zero tolerance policies regarding workplace bullying and harassment, which are easily accessible to all staff
  • Ensure that this zero tolerance policy, is demonstrated by senior management, so there is a top down recognition of adherence to the policy from all staff. 
  • Staff need to be regularly reminded of the consequences of any poor behaviour in the workplace and this should be reinforced during staff meetings.  

Bullying or harassment - in any workplace - is simply unacceptable. Many incidents of bullying or harassment may be unreported for fear of reprisals. All staff should be encouraged to report any incident. 

If your organisation needs any assistance in this area please contact WISE to arrange a no-obligation appointment or otherwise contact us to discuss how we may assist you. Our services include investigation, training, provision of a whistleblower facility (which can be tailored to suit your reporting needs), and review of policies