4.4. Disciplinary procedures

Most of the mechanisms used by the organisations interviewed still rely on internal reporting procedures within the organisation, but there are efforts underway by several organisations to improve confidentiality, including potentially introducing the use of external whistleblowing service providers.

Contributors highlighted that these reporting mechanisms should be complemented by processes to protect reporters from backlash or other threats. Furthermore, when misconduct by staff members’ is reported, the organisation still has an obligation to ensure the security and wellbeing of the accused perpetrator until such time that they are no longer staff members and this should be factored into procedures.

4.4. Disciplinary procedures

An aspect that was raised by key informants was the dividing line between an organisation’s responsibility of duty of care and an individual staff member’s responsibility for their own safety and security. There was uncertainty as to where this dividing line fell, but there was a clear perception that the organisation must do everything in its power to treat risks as well as inform and guide staff to reduce risk. However, ultimately the organisation’s safety and security risk management will only work if staff follow safety and security guidelines.

The literature and contributors, therefore, identified the need to ensure that compliance is monitored and infractions responded to through disciplinary or sanctions procedures that are fair, proportionate, transparent and consistently applied. As mentioned previously, this is an employer’s right under Swiss law.37

There are instances, however, where a duty of care lens can help managers understand when disciplinary actions or sanctions may not be the most appropriate response to a situation. The following case study highlights how an organisation might approach what could be interpreted as a disciplinary situation as a staff care issue and thereby go above and beyond the organisation’s perceived legal duty of care obligations to ensure staff wellbeing.

Case study: Disciplinary procedures versus staff care

One organisation supported a staff member who was showing signs of alcohol dependency for several months. They helped this individual learn to manage the triggers and start to take control of their addiction. This involved providing the staff member with time and space away from work, as well as paying for them to access a residential rehabilitation programme in their home country. The organisation had insurance cover to pay for this support. The organisation was committed to supporting the individual through this difficult personal issue but requested the individual’s honesty in return and felt that ultimate responsibility for overcoming and managing this problem fell to the individual. There was much that colleagues and management could do, but responsibility must rest with the individual.

This support was felt to be a moral duty of care that the organisation should provide. This was not only to support the affected staff member but also to improve team dynamics and demonstrate to employees that the organisation is committed to staff wellbeing. This was meant to also encourage other staff with personal difficulties to come forward and be honest with their employer, without fearing that their contracts would automatically be terminated.

37 Chavanne (2012).