Half day open training event held in Toronto.

1. Blowing the whistle on it!
by Toronto Training and HR
May 2012

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
Page 2

3. Introduction
Page 3

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
Page 4

5. Definition
Page 5

6. Definition
What is whistleblowing?
Page 6

7. Individual antecedents of
whistleblowing
Page 7

8. Individual antecedents of
whistleblowing
Consistent factors
Inconsistent factors
Page 8

9. Situational antecedents of
whistleblowing
Page 9

10. Situational antecedents of
whistleblowing
Characteristics of the job/organization
Characteristics of the wrongdoing
Page 10

11. Recent case
Page 9

12. Recent case 1 of 5
Chopra et al. v Treasury Board (Department of
Health)
Page 12

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
Page 13

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
Page 14

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
Page 16

17. Minimizing the chance of
legal action
Page 17

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
Page 18

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
Page 19

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
Page 20

21. What should a
whistleblowing policy
contain?
Page 21

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)
Page 22

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
Page 23

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
Page 24

25. Managers notified of a
concern
Page 25

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
Page 26

27. Tactics of cover-up
Page 27

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
Page 28

29. Typical examples of
wrongdoing
Page 29

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
Page 30

31. Giving people the
necessary skills
Page 31

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
Page 32

33. Phases that
whistleblowers go through
Page 33

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
Page 34

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
Page 35

36. Notable Canadian
whistleblowers
Page 36

37. Notable Canadian whistleblowers
1 of 2
Joanna Gualtieri
Sean Bruyea
Richard Colvin
Allan Cutler
Ian Bron
Bob Gale
Brian McAdam
Page 37

38. Notable Canadian whistleblowers
2 of 2
Corporal Robert Reid
Dr Nancy Olivieri
Bob Stenhouse
Perry Dunlop
Dr John O’Connor
Linda Merk
Page 38

39. Case study A
Page 39

40. Case study A
Page 40

41. Case study B
Page 41

42. Case study B
Page 42

43. Case study C
Page 43

44. Case study C
Page 44

45. Case study D
Page 45

46. Case study D
Page 46

47. Case study E
Page 47

48. Case study E
Page 48

49. Conclusion and questions
Page 49

50. Conclusion and questions
Summary
Videos
Questions
Page 50