posted by lawyersofmelbourne.com.au admin on Dec 5
For any business, from small family-owned concerns to multi-billion dollar organisations, the risk of allegations of sexual harassment, bullying, victimisation or discrimination is omnipresent. Ignoring the risk will be costly, possibly fatal for a business.
The ideal situation is for organisations to minimise their risk by implementing clearly defined and thorough policies and procedures.It’s the proper thing to do.It’s also the clever thing to do.It creates a working environment that is stable and productive and gives employees the benefit of having a framework which provides a process for resolution of any issue.Having up-to-date policies and procedures can help protect a business from litigation.
A couple of years back, Christina Rich, who had been a senior executive with a leading accounting firm, claimed 11 million dollars in a sexual harassment claim, and eventually settled out of court.While Rich wasn’t poorer after the verdict, the protracted litigation must surely have left both parties with some sort of loss.
If an organisation in involved in a court-case, it can run the risk of a loss of employee morale as well as potential damage to its reputation. Employees may feel threatened and insecure, with resultant decline in productivity. Key personnel may also leave the company as a result of the unsatisfactory working environment. These could seriously impact an organisation’s financial health and its long-term sustainability.
Following are some suggestions for organisations on dealing with workplace situations such as sexual harassment, discrimination, bullying etc.
An employer can’t avoid responsibility by claiming to be unaware of what was happening in the workplace.The obvious situation is to prevent inappropriate behaviour such as workplace bullying and sexual harassment from occurring in the first instance.Get on the front foot.Drawing up and implementing comprehensive policies and procedures is the most vital step.
Once these are in place, educating and training employees on the company policies and grievance processes is important.Employees must be given clear guidelines and examples of what is considered serious misconduct and inappropriate behaviour, in order to avoid any ambiguity.Management must lead by example.
Employees also need secure reporting systems to voice complaints.Leaders should be competent in dealing with workplace issues, listening to both sides objectively and responding appropriately.
It is not always possible to resolve complaints internally, in which case third party consultants should be engaged to resolve issues quickly and effectively.An external investigator can offer an objective and independent view when it comes to delicate and complex workplace investigations.They will be able to conduct workplace investigations professionally and independently, using sophisticated investigative techniques.
Detailed workplace policies and procedures are possibly the most valuable strategy against the possibility of inappropriate behaviour in the workplace.Management needs to embody and enforce a ‘zero tolerance’ policy.Should a grievance be lodged, it’s advisable to get independent assistance.
Investigations aren’t always handled well by internal managers.They could feel compromised by the situation and may not always view events objectively. It’s always best to consult independent, objective professionals who have up-to-date knowledge of legislation and public sector standards in order to get the best result in any workplace investigation.