Immediate Vault

Grow Employee Engagement with a Strong Investigation Process

In a tight labor market, employers are seeking to gain or retain a workforce with more pay, work for home and other perks. They can also improve retention through a culture of trust and consideration. Improve how you listen and investigate when someone on your team speaks up about compliance. If you investigate with urgency and respond, then you’ll gain trust and build employee engagement.

Here is an anecdotal case, from the perspective of the business: An anonymous report comes in from a small foreign office, that says “It seems like there is something going on between the marketing lead and a partner. I suspect they are wasting marketing funds.” The seriousness of the issue is not entirely clear—maybe the person reporting the issue is questioning the quality of the marketing campaigns. It is a challenge to reach people overseas.  Some initial questions are asked, but the case sits for months before anyone starts reviewing the matter closely. 

After almost a dozen interviews, no one reveals anything useful. The answer has to be found by sifting through years of email. The investigation ultimately uncovers how the company is being taken advantage of. It is shocking how so many people in the office know the marketing lead is stealing company funds, but said nothing. 

After the late start, combined with actual wrong-doing that is festering, the person who reported the wrongdoing and the rest of the office have stopped caring. The business is left with a problem infecting the whole office, instead of having to deal with only one or two bad actors.

Compliance is a Retention Issue

A compliance report may raise questions about potentially uncomfortable topics: harassment, fraud, conflicts of interest or any number of issues highlighted in a typical code of conduct. When a report is substantiated, someone might be disciplined or fired—thus, colleagues may view the person who reported the issue as disloyal to the team. Those who come forward may also fear that their company may not care about the reported issue or try to cover it up, and maybe even retaliate against them.

With the risks reporting presents, it is likely to be the most engaged, loyal employees who report, so you risk losing your best if you fail to listen. This happens when you leave reported issues unaddressed, where you fail to rectify a substantiated report or when you let a report languish unresolved. But if you follow up and respond quickly, you will win trust. When a talented employee feels listened to, they will have higher morale, trust the boss more and be more committed.

Improving Investigations

Listening to a compliance reporter is about taking the issue seriously and expediciously running it to ground. The foreign office scenario above would have gone better had the investigators seen through the vagueness of the report to the potential seriousness of the underlying misconduct and then doggedly pursued a resolution from the start. With those in the office uncooperative in interviews, having access to past email made it possible for the investigation team to close the case.  

Here are five tips to improve and speed up how you investigate:

  1. Have a process: Implement a disciplined approach for following the routine steps in a compliance investigation—assessing the initial report; developing an investigation plan; finding, verifying and analyzing to formulate a decision; and resolving with discipline, prevention, and training.
  2. Be selective when choosing your investigators: Staff your investigative team with individuals who are not wired to let cases sit. Provide them investigation training and consider augmenting with outsourced external investigators if an issue is large or complex.
  3. Define objectives: Set a clear objective for the investigation at the outset to keep investigators on track. The investigation can move on when they have obtained sufficient facts about the objective—finding that “smoking gun” email, for example. When you learn something new that needs further review, flag it for later but do not let it interfere with your first objective.
  4. Use technology: Give your investigators direct access to the data. It is frustrating for an investigator to receive a report and then have to wait for IT to provide the relevant emails or other data, then wait for IT to provide additional materials when the investigator learnes something new. The team’s investigation times accelerate when it has direct access to email and other communications through archiving platforms and other technology.
  5. Track timing: The time to complete an investigation is dependent on the circumstances. The investigation team should set period of time to resolve the investigation when a compliance issue arises.

A business builds a strong culture when it supports those who speak up. Having a strong investigative team, defining objectives, using technology and being aware of completion timing will allow you to quickly learn what is going on. You will also demonstrate that you are not using a haphazard approach.  This will give your employees more confidence in your company and encourage them to stay around.

Governments Tackle Workplace Bullying and Harassment

This week, South Korea enacted new legislation addressing “gapjil,” or bosses using their power to bully their employees. The measure criminalizes the practice of unfairly demoting or dismissing employees who have reported being subjected to bullying, imposing a three-year prison sentence or a 30 million won (approximately ,400) fine for the practice.

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Workplace harassment is common in the country, with two-thirds of workers experiencing harassment and 80% witnessing it, according to a recent government study.

South Korean advocacy groups like Gapjil 119, which operates a hotline for victims of abuse, have tried to fight against workplace abuses by cataloging and publicizing cases that range from employers forcing workers to pluck their grey hairs to serious violence and degradation. Several recent high-profile incidents have sparked a national debate over this conduct, including in late 2018, when videos emerged of Korea Future Technology CEO Yang Jin-ho and Marker Group CEO Song Myung-bin physically assaulting their staff members. Yang has been indicted, and Song is facing legal charges.

Experts say that South Korea’s culture of “chaebols,” or family-run conglomerates, has also enabled abuses because these companies lack external restraints on their executives’ behavior. Korean Air dynasty matriarch Lee Myung-hee was indicted in February for routinely physically and verbally abusing her staff, and Lee’s daughter, Heather Cho made headlines in December when she attacked two flight attendants for serving her macadamia nuts in a bag instead of a bowl, and demanded that the plane return to the gate. Cho was ordered to pay 20 million won (,000) to the flight attendants and served five months of a one-year prison sentence for violating aviation law.
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These and other incidents at the company even prompted a mass demonstration of Korean Air employees and the formation of an employee union.

Other countries are also attempting to address workplace bullying of this kind, similarly spurred by high-profile cases of abuse. This month in France, former France Télécom executives stood trial for overseeing an environment of workplace abuses that allegedly led to at least 35 employees committing suicide between 2008 and 2009. The company reportedly sought to downsize 22,000 workers, but could not fire them because they were state employees, so instead systematically harassed them to drive them out. Examples of this harassment included forcing employees to relocate multiple times away from their families or drastically changing their jobs. The case is awaiting judgment, but the company faces a possible fine of €75,000 (about $84,000) and the executives could serve a year in jail and have to pay additional fines themselves.

Additionally, Japan is attempting to address workplace “pawa hara” (or power harassment) as reports of workplace bullying and abuses have reached record numbers for multiple years in a row, according to the country’s Workplace Harassment Research Institute. The measures are partially in response to a government worker released an audio file of his boss, lawmaker Mayuko Toyota, insulting him and hitting him in the face and on the head. Toyota later resigned her post, and according to Kyodo News, was hospitalized for “her unstable mental condition.”

Japan’s parliament voted in May 2019 to revise five existing laws and require companies to put mechanisms in place to prevent workplace abuses. The revisions also protect pregnant women and women who have recently returned from pregnancy leave from discrimination.

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Similar to South Korea’s new law, Japan’s new law would bar employers from firing or discriminating against employees who report harassment, and require consultation when employees make reports of abuses. However, unlike South Korea’s law, these revisions do not outline any punitive measures for companies and their executives if they violate the requirements.

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The government reportedly decided against fully banning “pawa hara” because lawmakers had difficulty defining which actions qualified as harassment.

The Cost of Workplace Bias

There are many costs associated with workplace harassment and discrimination—monetary, reputational and the morale of employees to name a few. In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) reported filing 122 lawsuits including 86 individual suits, 26 multiple-victim suits (with fewer than 20 victims) and 10 systemic suits. The EEOC’s legal staff resolved 254 lawsuits for total monetary recovery of $44.2 million.

The agency added that it secured monetary and non-monetary benefits for more than 23,446 people through administrative enforcement. These methods include mediation, settlements, conciliation and withdrawals with benefits. The number of charges resolved through successful conciliation, the last step in the EEOC administrative process before litigation, increased by 18% over 2011.

Harassment & Discrimination: Do You Know the REAL Impact?
By The Network Inc., the leader in providing integrated ethics, risk and compliance solutions

Read more: http://www.tnwinc.com/solutions/discrimination-and-harassment/infographic-workplace-harassment-training/#ixzz2jDmSPiiH