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IGNORING PROBLEMS WON'T SOLVE THEM
The risk of claims of sexual harassment, workplace bullying, discrimination or any other anti social behaviour is the same for all organisations, regardless of size or the nature of the business. Ignoring the risk will be costly, possibly fatal for a business.
The best way is to minimize the risk by establishing comprehensive workplace policies and procedures. It’s the right thing to do.It is also the smart thing to do. Employees benefit from having a framework for that protects them and offers a way forward for resolution, and it creates a stable and productive working environment.Costly litigation can be avoided if an organisation has comprehensive policies and procedures in place.
A couple of years ago, Christina Rich who had been a senior executive with a major accounting firm, settled out of court following her eleven million dollar sexual harassment claim against the firm.Rich may have ended up with the upper hand, but the lengthy process must surely have had a negative impact on both sides.
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.This can have a negative impact on productivity as employees may feel insecure or threatened. Key personnel may also leave the company as a result of the unsatisfactory working environment. These are all serious long-term issues which can impact negatively on an organisation’s financial stability and sustainability.
Here are some guidelines as to how organisations can address issues of sexual harassment, bullying, workplace misconduct etc.
Claiming ignorance over what was happening in the workplace doesn't mitigate an employer's reponsibility for what happened.First prize is to create an environment where sexual harassment and other anti social behaviour simply can't and won't occur.Be positive and proactive.The most important step is to implement comprehensive guidelines and procedures.
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.
Sometimes it becomes apparent that the matter would be best handled by outside consultants.If the investigator comes from an outside company, they will have an independent, objective approach in dealing with sensitive and complicated issues.A specialist in workplace investigations will use advanced forensic analysis and investigative techniques.
Detailed workplace policies and procedures are possibly the most valuable strategy against the possibility of inappropriate behaviour in the workplace. A climate of ‘zero-tolerance’, clearly enforced and modeled by manager behaviour, is vital.If and when there is a case where a grievance or issue of serious misconduct has been raised, then it's advisable to get advice from a independent third party.
A manager is often not the best person to handle an investigation.It is sometimes difficult for them to see the situation objectively, and they may also feel compromised by being in that position. 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.
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