2. 3-4 Introduction to Toronto Training and HR
5-6 Definition
Contents 7-8
9-10
Individual antecedents of whistleblowing
Situational antecedents of whistleblowing
11-16 Recent case
17-20 Minimizing the chance of legal action
21-24 What should a whistleblowing policy
contain?
25-26 Managers notified of a concern
27-28 Tactics of cover up
29-30 Typical examples of wrongdoing
31-32 Giving people the necessary skills
33-35 Phases that whistleblowers go through
36-38 Notable Canadian whistleblowers
39-48 Case studies
49-50 Conclusion and questions
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4. Introduction to Toronto Training
and HR
• Toronto Training and HR is a specialist training and human
resources consultancy headed by Timothy Holden
• 10 years in banking
• 10 years in training and human resources
• Freelance practitioner since 2006
• The core services provided by Toronto Training and HR are:
- Training event design
- Training event delivery
- Reducing costs
- Saving time
- Improving employee engagement & morale
- Services for job seekers
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12. Recent case 1 of 5
Chopra et al. v Treasury Board (Department of
Health)
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13. Recent case 2 of 5
WHAT SHOULD EMPLOYERS DO NOW?
Because the ability to publicly criticize the
employer under the public interest exceptions
depends on exhaustion of internal remedies,
employers should carefully follow up on all internal
complaints or allegations. Employers should gather
documentation of the information available to the
employee at the time the statement is made, since
this is the relevant factual context for the
allegations
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14. Recent case 3 of 5
WHAT SHOULD EMPLOYERS DO NOW?
If an issue is already highly publicized, or if
demonstrably effective measures are already being
taken to deal with an issue, employees cannot
claim to be whistleblowers, since their criticism
brings nothing new to the public sphere
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15. Recent case 4 of 5
WHAT SHOULD EMPLOYERS DO NOW?
Employers should assess the expert or confidential
knowledge of employees who publicly criticize their
company-this expertise (or lack thereof) may
inform the arbitrator's decision the extent to which
an employee can justifiably comment on a
controversy, scientific or otherwise
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16. Recent case 5 of 5
WHAT SHOULD EMPLOYERS DO NOW?
The visible presence of employees at an event can
be criticism if their presence would be interpreted
by the public as adding legitimacy to critical
statements made by others
Employers should deal promptly with public
criticism to avoid being accused of condoning the
employee's behaviour, and should document any
delay in the response and the reason for it
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18. Minimizing the chance of legal
action 1 of 3
Adopt a written code of conduct stating that
violations of the law by employees are prohibited
and should be reported to the company-outline
reporting procedures for employees, and tell them
that the company will not tolerate retaliation
against whistleblowers
Review existing employment policies to be sure
they are clear about protection for workers who
report misconduct
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19. Minimizing the chance of legal
action 2 of 3
Have written procedures for receiving and
processing complaints of fraud, including specific
descriptions of the company’s use of reporting
hotlines-train supervisors and nonsupervisory
employees on their use
Resolve any claim in a responsible manner,
especially those regarding fraud, waste, or abuse
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20. Minimizing the chance of legal
action 3 of 3
Review and document any disciplinary action that
follows an investigation to be sure it is consistent
with past practices and unrelated to any protected
whistleblower complaint by an employee
Consider involving legal counsel early in an
investigation if the organization is facing a possible
whistleblower retaliation claim-try to convince
employees that management will take complaints
seriously and respond appropriately
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22. What should a whistleblowing
policy contain? 1 of 3
The kinds of action targeted are unacceptable and
the employer attaches importance to identifying
and remedying malpractice
Employees should inform their line manager
immediately if they become aware that any of the
specified actions is happening (or has happened,
or is likely to happen)
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23. What should a whistleblowing
policy contain? 2 of 3
In more serious cases (for example, if the
allegation is about the actions of their line
manager), the employee should feel able to raise
the issue with a more senior manager, bypassing
lower levels of management
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24. What should a whistleblowing
policy contain? 3 of 3
Whistleblowers can ask for their concerns to be
treated in confidence and such wishes will be
respected
Employees will not be penalized for informing
management about any of the specified actions
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26. Managers notified of a concern
Have a responsibility to ensure that concerns
raised are taken seriously
Should, where appropriate, investigate properly
and make an objective assessment of the concern
Should keep the employee advised of progress
Have a responsibility to ensure that the action
necessary to resolve a concern is taken
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28. Tactics of cover-up
Gag the employees
Study it to death
Separate expertise from authority
Institutionalize conflict of interest
Keep them ignorant
Prevent the development of a written record
Rewrite the issues
Scapegoat the small fry
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30. Typical examples of wrongdoing
Theft/embezzlement of corporate assets
Fabrication of operational or performance data
False or inflated claims from suppliers
Inventory manipulations
Intentional misclassification of expenditures
Fabrication of sales data
Overstating revenues or assets
Understating expenses or liabilities
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32. Giving people the necessary skills
Start by sharing your good intentions
Get the other person’s point of view
Use tentative language
Explain the possible consequences of the action in
question
Take it up a level
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34. Phases that whistleblowers go
through 1 of 2
Awareness
The decision of conscience
Raising concerns internally
Facing initial reprisals
The decision to commit fully
Going public and the consequences
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35. Phases that whistleblowers go
through 2 of 2
The war of attrition
The endgame
Consequences for the rest of us
What we can do
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