Overview
‘The Fairness Toolkit’© has been developed in Australia by the Ethicos Group as an effective new approach to identifying and managing unlawful or otherwise unacceptable workplace conduct which could result in significant corporate liability.
New factors in Australian workplaces are creating a greater sense that ‘the time is right’ to provide a new way of dealing with unacceptable workplace conduct. Not the least of these is that public trust in the integrity of public institutions, politics, and corporations, continues to decline in the face of continuing scandals, prosecutions, breaches of trust, and compliance failures. Legislation, policy and risk-management are becoming more complex, with a new focus on preventing inappropriate and unsafe workplace activity, and promoting a safe workplace. Codes of Conduct, never very effective, have moved away from traditional ‘black letter’ rules to focus on generic ‘Core Values’: many people find such Codes difficult to interpret, even after training. Complainants in private legal action before the Courts and regulatory bodies often seek, and obtain, large sums in settlement. Workplace bullying and harassment seems to be out of control everywhere.
Reflecting the idea that ‘a picture is worth a thousand words, and is easier to remember’, the Toolkit relies on specially-structured video-scenarios to identify problematic workplace situations through a process of ostensive definition2. This process links the scenarios to the requirements of applicable Australian law and policy, Codes of Conduct, professional Practice Standards, and relevant ‘core values’, in a way which does not require the user to have legal expertise.
The Toolkit does not aim to provide legal advice in relation to particular cases: its primary purpose is to assist end-users to identify and understand instances of workplace conduct and relationships which may be prohibited by relevant law or policy, or otherwise unacceptable.
The Fairness Toolkit is constructed around a suite of issue-specific toolsets, combining authority-based diagnostics, realistic issue-definition, and structured case-based reasoning. Three different modes of use are available – Diagnostic mode, Training and Capacity-building mode, and Certification mode. Objective verification of a user’s responses in the Training and Capacity-building mode, and the Certification mode can thus be used to inform evidence-based policy development, training needs analysis, and people-risk management.
The Toolkit can be licensed to organisations for deployment on demand, anywhere via desktop, Web-based, or Smartphone/tablet formats, and is compatible with the major Operating Systems currently in use. Smartphone apps of the various Toolsets, for Android and i-Phones, are also available for individual purchase.
The Fairness Toolkit © - 1
Objectives and applications
Initial development of the Toolkit is focused on specific toolsets, each dealing with a high-profile and high-risk compliance domain, in particular:
- Workplace Bullying and Harassment ( - including Sexual Harassment)
- Corrupt conduct ( - including corruptive conduct such as gifts, favours, and bribery)
- Conflict of Interests ( - policy, procedures and contexts)
- Abuse of position (- including abuse of trust, misuse of power, unlawful conduct)
- Whistleblowing ( - including retaliation/reprisal, protections, and sanctions)
- Transparency and Accountability (- including rights to information, decisionmaking)
The Toolkit can be deployed in any of three modes:
In Diagnostic mode, the Toolkit’s approach enables individual users to accurately identify workplace situations involving issues of legal liability and compliance, without the need to be expert in the complex technical language of law and policy, or knowledgable about a potentially large quantity of legislation, regulations and directives, and other policy documents.
The sequential use of multiple diagnostic scenarios in this mode enables better identification of the conduct which is at a issue, using an innovative process managed by an algorithm within the Toolkit itself. (The algorithm and related intellectual property are subject to Australian and international patent protection). By the same method, the Toolkit enables the initial identification of workplace conduct which – properly understood in context – can be regarded as instances of reasonable and acceptable management action. The ability to quickly distinguish genuine from non-genuine or mistaken allegations of prohibited or unacceptable conduct is a major advantage of the Toolkit’s authority-based diagnostic approach.
Used in this mode, the Toolkit provides a uniquely effective form of ‘triage’ to enable rapid and accurate initial identification of problematic workplace conduct and situations.
This mode can be used by individuals (especially in Smartphone format) to clarify their own situation, as well as by organisations seeking to provide front-of-house services to potential complainants in a more cost-effective way.
In Training/Capacity-building mode, the Toolkit’s materials are deployed to support Problem-based Learning (PBL), through structured discussion of cases within the framework of relevant law and policy, professional standards, and community values.
The Toolkit can be used in this mode by individuals or groups, with or without an expert facilitator. Online objective assessment and certification is supported by the Toolkit, and is increasingly seen by organisations as preferable to traditional face-to-face training which is often subjective and ad hoc in character, inconsistent in delivery, expensive, inefficient, undocumented, and non-scalable. Linkage to a client organisation’s existing Learning Management System for the provision of objective performance reports and data for Training Needs Analysis is available if required.
In Certification mode, elements of the Toolkit diagnostic video materials are deployed to test an individual participant’s ability to correctly identify and respond to problematic workplace conduct and other matters which require compliance with relevant law and policy. Failure to correctly identify a compliance issue in this mode is very likely to indicate a significant risk factor for the organisation and the individual. Correct identification of a compliance issue in this mode results in the certification of the user’s ability to respond appropriately within the relevant organisational context.
In each mode, the Toolkit methodology links the videos to relevant generic supporting resources such as summaries of legislation, and guideline material. In Diagnostic mode, the Toolkit provides various optional additional sources of expert advice and assistance, which may include (where appropriate) links to a client organisation’s Employee Assistance Scheme, or other providers of support.
A corporate client may specify a version of the Toolkit’s Training/Capacity-building mode and Certification mode which specifically references the organisation’s own policies and guidance on specific workplace matters. In Training/Capacity-building mode, the Toolkit may be linked to a client’s Learning Management System, for the provision of objective assessment reports. In Certification mode such a linkage is required, to enable external validation of users’ performance.
The Fairness Toolkit © - 2
The Workplace Bullying and Harassment toolset.
The Fairness Toolkit features a suite of issue-specific toolsets to assist end-users to recognise problematic conduct in public sector and private sector workplaces.
Specifically concerned with Workplace Bullying and Harassment, this toolset identifies four categories of unlawful or unacceptable conduct:
- ‘Personal Attack Bullying’
- ‘Group Bullying’ (including ‘Mobbing’)
- ‘Organisational Bullying’ and
- ‘Gateway Bullying’.
Each category of bullying and harassment is the focus of a suite of two-minute video scenarios which depict various forms of prohibited and unacceptable conduct, mapped against the relevant provisions of legislation such as OH&S law, Public Service employment law and codes of conduct, and Anti-discrimination law. The user is prompted to identify examples of workplace situations portrayed in the video scenarios which are similar to the actual situation which concerns them.
The Workplace Bullying and Harassment toolset can also focus on conduct or actions which are not likely to be regarded as ‘Bullying’ (etc.) provided certain tests are met. For example, if the conduct complained of can reasonably be regarded having been taken for a proper purpose, and in an appropriate manner, the toolset can be used to identify the features of good management.
The Fairness Toolkit © - 3
New developments in Australia
There are several new and emerging factors in Australian workplaces which together create a greater sense that ‘the time is right’ to provide a new resource for dealing with workplace issues in a new way.
About one in five public service employees in Australia are reported as not trusting their managers3: about one in ten have witnessed another employee engaging in behaviour which they saw as a serious breach of the Code of Conduct in the past year. Such conduct reportedly includes abuse of office or misuse of power, fraud, bullying and sexual harassment, theft, misusing personal information, and leaking classified documentation. Targets of workplace misconduct often do not recognise their situation for what it is, let alone consult the relevant law or seek professional assistance, because they are often overwhelmed by trying to cope with it.
The lack of specificity in current legislation relating to workplace conduct and behaviour matters, coupled with an emphasis on the perspective of the target (especially in Bullying and Sexual Harassment matters), makes investigation difficult at the same time as it enables non-genuine allegations to be made in opposition to what may be reasonable management action. As a result, non-genuine or ‘strategic’ allegations increasingly expose Managers to real difficulties: many prefer not to notice the problem, or to pass it to HRM or ‘up the line’, rather than deal with the matter themselves. Intensifying media attention and public scrutiny, greater severity of legal sanctions, and the growing magnitude of out-of-court settlements are driving demand for better information and decision-making support in order to avoid liability. Legal action before the Courts and regulatory bodies increasingly seek large sums in compensation: confidential settlements further cloud the issues involved.
The demand for better information and tools also comes from organisations which provide advice and guidance on such matters, including employee unions, professional bodies, employer groups, and civil society organisations. Australia is now well advanced in the emerging global trend to legislate for sanctions to be imposed on individuals and organisations that permit, or fail to prevent, unacceptable behaviours in the workplace. Law, policy and integrity requirements are becoming more complex, and there is a new need for timely, secure, and cost-effective access to expert personal support. New legislation and related penalties will focus on corporate responsibility to prevent inappropriate and unsafe workplace activity, and promote a safe workplace. Codes of Conduct in both the public sector and the private sector are moving away from specific ‘black letter’ rules, to a new focus on abstract ‘Core Values’ language, which many people (at all levels) find difficult to interpret and apply in practice, even after training.
In Australia, the increasing take-up of new technology (Smartphones, tablet and netbook computers, HTML5, Web2, CSS3, Cloud Computing) provides new opportunities which the Toolkit exploits to address difficult workplace issues in new ways.
The Fairness Toolkit © - 4
How are The Fairness Toolkit materials made available?
The Fairness Toolkit and its constituent toolsets are licensed for use by corporate use, with the fee being determined on the basis of the number of worksites and/or employees to be provided with access over a given period. A entity-specific version of the Toolkit application is available to organisations wishing to reflect the organisation’s policies on specific workplace matters. The cost of a tailored version is subject to negotiation with the client.
A simplified form of the Toolkit’s various applications is also available for download to Smartphones and tablets, by individual purchase. The Smartphone and tablet app versions are also optionally available as part of a package with the corporate product.
ICT delivery Platforms
The Toolkit applications are made available across multiple delivery platforms (Web / Smart Phone / tablet / corporate server, etc.), and are compatible with Windows 7, Vista, XP, and Mac OS X10.1 and later systems. The Smartphone app version of the Toolkit is available for Android and i-Phone systems.
What is the background of the Fairness Toolkit methodology?
The methodology was developed in Australia by Howard Whitton, based on Joyce and Weil’s ‘Jurisprudential Model’ of teaching and learning in the social sciences. It was embodied in The Public Sector Ethics Resource Series, a video-based training package published by Flaxton Mill House for a consortium of State and Territory public services and Commonwealth departments in Australia and the national Public Service of New Zealand.
A number of the jurisdictions which subscribed to the Series continue to use the original diagnostic video materials in their Ethics and Conduct (etc.) training and professional development offerings. The methodology has also been used since 2003 in capacity-building projects in six countries in Europe and Africa, and was published in a peer-reviewed monograph for the American Society of Public Administration in 2008. The Toolkit’s methodology has featured in a number of international and Australian workshops and UN specialist conferences.
Comments (0)