Whistleblowing policy

Whistleblowing

(Date reviewed July 2024)

 

Routine for warning of suspected wrongdoing  

Suspected wrongdoing refers to issues that are illegal, against the school’s rules or unethical.  For example conditions that will endanger life or health, risk to the climate or environment, corruption or other criminal, misuse of authority, reckless work environment, or breach of personal data security.

 

1. Introduction and legislation
2. What is an alert?
3. Worker’s right to notify
4. Legal protection upon notification
5. Channels and procedure in a notification

 

• Introduction and legislation

The Working Environment Act gives workers the right to notify of suspected wrongdoing in the company in which they work.

In some cases, there is also a warning obligation pursuant to section 2-3 of the Working Environment Act and in some special laws (e.g. in health and education). It should be ensured that the alerting is taken seriously. It should be ensured that alerts are taken care of, and  that investigation is begun in a timely fashion. 

• What is an alert?

We differentiate between a concern and an alert and how to handle it. What is a deviation or is to be considered as a concern  is treated in the usual way, deviation reporting is to be taken up with the safety representatives/leader.

A notice of  wrongdoing conditions  requires formal handling, as defined in this routine.   For example, wrongdoing conditions would be punishable conditions, such as financial fraud, corruption, abusive people’s abuse, etc. In addition, there may be abuse of a position for his own gain, there may be unaccountable services to needy people, as well as a number of other conditions that are not criminalised, but which one can still call criticism from common perceptions.

You can notify internally or externally. If conditions dictate that it is necessary to notify externally this will go to regulatory bodies (e.g. Labour Inspectorate, tax administration, Data Protection Authority, Health Inspectorate, Økokrim or police)

• Worker’s right to notify

Employee has the right to, and in some cases, the obligation to notify. Normally, a notice should be in writing and at least contain;

• Alert names
• Workplace
• Date
• What the case relates to (concrete and fact-based)

One may also choose to notify you anonymously. Alerts may choose to notify anonymously by sending letters without sender information, e-mail from an encrypted e-mail address, or calling from a secret phone number.                                                                                            Anonymous alerts offer several challenges but should not be automatically rejected. One of the challenges is that it is difficult for them as the recipient of the alert to obtain additional information from the alerts since this is not known. The identity of the Whistler is a relationship to be treated with the confidentiality of all parties involved. However, the obligation to confidentiality does not extend beyond the point at which the right of the notice of the switch is notified. 

A notification with a known identity also has the option to request source protection from them  receiving the notification.  However, alerts should be advised that there will always be some risk that his or her identity may still be known. This is primarily related to the fact that the environment can resonate with this,  through the investigations made and questions asked at the follow-up of the alert. It is also important that a notice informs that if, as a result of a warning, a witness obligation arises in court, the witness obligation will precede any promise of anonymity.  After the principle of conformity  , the notification is to be familiarized with the alert and have an opportunity to make a statement.  Therefore, a recipient of the notification must  promptly assess when to give this orientation.   

• Legal protection upon notification

Employers are obliged to provide a fully responsible working environment for workers. This obligation is in general. In alert cases, the Working Environment Act has a provision that clarifies and emphasizes the obligation of the employer in the situation in which alerts are in.

This follows from § 2 A-2 of the Working Environment Act stating that “retaliation against an employee who notices in accordance with § 2 A-1 is prohibited….”.

Illegal retaliation involves both formal and informal negative reactions. Notices shall not be unfounded to be deprived of duties, be dismissed, bypassed in relation to opportunities for professional development, job promotion, wage development etc. Generally, bullying and harassment should not occur. As with all employees, however, alerts must withstand unequal arguments.

Any retaliation against an employee who has notified will be legally sanctioned.

• Channels and procedure in a notification

Internal notification channels in the company  are:

• Nearest manager

The closest leader will normally be the person being notified.

• Leads higher up in the organization

If you do not find it expedient to notify your supervisor, the notification of suspected wrongdoing is given to the leader higher in the organization. This is especially true if the closest manager is involved in the case.

• Safety representatives

An alert can always be given to safety representatives.

• Stewards

An alert can always be given to elected officials.

• Business Health Service

An alert can always be given to BHT, which will be a neutral and confidential advisory party

It is important that you do not fail to be alerted because you are in doubt about which of the internal warning channels it is appropriate to use.

A notice of suspected wrongdoing will most often be perceived to be stressful both for alerts and for the notified, and can be challenging for the working environment of the organization. The recipient of the notice must therefore strive for such a quick case management as practicable, taking into account quality and proper proceedings. This means that the

Whoever receives the notice must be aware of the deadlines that are set for any meetings and feedback and try to avoid any attempts to coach the proceedings from one of the parties.  The recipient of the notification shall without undue delay investigate the facts of the case and do the investigations necessary to clarify whether something objectionable has occurred.  

 

Feedback to the alert

The notifier must be  as soon as possible and normally within 1 month get a feedback on the outcome of the notification. This is true both where there is a suspected wrongdoing and where it turns out not to do so. The feedback should be so complementary that they can understand the conclusion and that the notification ends. If the notification revolves around personal or other circumstances where there is a duty of confidentiality, the feedback must be at such a level that confidential information is not disheathed. 

The notifier is not entitled to any access to the proceedings.

 

Feedback to the customer who may be notified

They are notified to receive feedback. This is true regardless of the conclusion, if there has been no criticism of this, it is important for it to be notified that the notification has been processed. Once an alert has been processed, the notification is terminated and should not be withdrawn.

What can result from a one by one notice?

• The notice turns out not to deal with a critical relationship and is terminated.
• The notice is resolved between the parties without further measures to be followed up and without further reaction.
• Resolved between the parties with agreement on measures, but without further reaction.
• The notification carries a warning that is added to the Personnel folder.
• The notification entails change of position and in rough cases termination/parting.
• The notification is of such a nature that the company  takes it up with the Norwegian authorities,  when preferably  with review.