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CCCA_V5No2_Dept-Ethics-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 5/5/11 11:37 PM Page 10 Ethics Shooting the messenger Retaliation against whistleblowers is very common in the workplace. It’s also bad for business. By Christa C.Wessel And yet most meaningful way — hardly an easy task. employees who come Retaliatory measures are notoriously hard across wrongdoing to prove. Terminations, for example, are often find themselves often covered up under the guise of caught in a Catch- restructuring, cutbacks, change in strategic 22.Ifthey turn a blind direction or other similar corporate moves. eye, they risk being An effective anti-retaliation policy requires accused ofcomplicity that pre-emptive measures be taken before eporting misconduct is never easy, and could lose their job.On the other hand, retaliation occurs. Rparticularly in the workplace. ifthey report the matter,they risk retaliation To foster an open environment that There are always fears of retaliation from various groups inside the organization encourages the reporting ofmisconduct, from co-workers or supervisors, and the — sometimes by the very same manage- companies should consider the following: obvious concerns about how it might ment that introduced the ethics program. impact one's career. This is unfortunate. As the ERC report 1. An anti-retaliation policy should be A 2010 report by the Ethics Resource rightly points out, the costs ofretaliation actively enforced and companies should Centre (ERC), a non-profit in the U.S., are high and go far beyond dollars and be prepared to consistently and serious- found that 15 per cent of employees who cents. Retaliation measures can take a ly discipline any employee for retaliato- report wrongdoing experience retaliation. major toll on a company's reputation, ry behavior, but particularly managers These are telling figures and would be both externally and internally, as well as and supervisors since they are in the higher ifthey included employees who on the effectiveness of its compliance and position to carry out retaliation. The had left their organizations after reporting ethics program. policy should likewise contemplate misconduct.The respondents experienced In corporate culture perception is real- serious disciplinary measures for false retaliation in the form of exclusion by ity. The ERC report goes on to conclude allegations, which should also be supervisors or management from work that ifemployees believe that retaliation actively enforced. decisions or activities (62 per cent), being will happen — or are aware that it has given the cold shoulder by co-workers (60 happened — then they will be less likely 2. The anti-retaliation policy should per cent) and verbal abuse by a supervisor to report misconduct. As well, the report identify examples of retaliation and or someone else in management (55 per- concludes that misconduct rises when specifically address where affected cent). Other forms of retaliation included retaliation occurs. employees can seek assistance ifthey near job loss, no promotions or raises and Creating a safe environment where are experiencing retaliation. There relocation or reassignment. employees can raise concerns about possi- should be multiple vehicles for report- In the wake ofthe numerous corporate ble wrongdoing without experiencing ing retaliation. Details about reporting ethics scandals ofthe last decade, many retaliation remains one ofthe most over- venues should be included in the orga- organizations have rushed to implement looked elements ofcompliance and ethics nization’s code ofconduct and in other compliance and ethics programs aimed at programs. Few include a well-crafted communications. encouraging employees to report wrong- anti-retaliation policy. doing. But they have been less successful at To be effective, an anti-retaliation policy 3. Create an organizational culture that val- VEER.COM protecting those employees from backlash. must be implemented and enforced in a ues “speaking up.” In fact, organizations 10 CCCA Canadian Corporate Counsel Association WINTER 2010