Policy name
Whistleblower Protection Policy
Source
Oxfam Canada
Responsibility First approved by the Board of Directors Last updated
Policy Committee of the Oxfam Canada Board of Directors
Next review date
2028
2013 2018, 2022, 2025
PURPOSE Oxfam Canada is committed to the highest standards of conduct and ethical behaviour in all of its activities, and to promoting and supporting a culture of honesty and compliance with the law. This means that we will do everything in our power to prevent misconduct from happening, and rigorously address it each time it happens. Oxfam Canada is committed to effectively addressing all concerns raised and ensuring the confidentiality of those raising a concern or involved in a complaint. This policy is designed to provide guidance on how to report misconduct within Oxfam Canada. Oxfam Canada encourages the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving Oxfam, through the appropriate reporting mechanism, without fear of reprisal. Oxfam Canada will protect whistleblowers from victimization, intimidation, disadvantage, dismissal or reprisal.
SCOPE Anyone can report a concern under this policy, including current and former Oxfam Canada employees, volunteers, Board members, contractors, partners and members of the community.
DEFINITIONS Whistleblowing: Whistleblowing is the term used when a worker provides certain types of information to raise a concern about danger or illegality that affects others. The disclosure may be about the alleged wrongful conduct of the employer, a colleague, client, or any third party. Typically, the whistleblower is not directly, personally affected by the danger or illegality, although they may be, and feel that they cannot raise their concerns under the available 1
complaints procedures. In this policy, we call that “making a disclosure” or “reporting misconduct”. At Oxfam Canada the process of whistleblowing is called “Speak Up”. Financial Misconduct: Includes fraud, theft, bribery, nepotism, money laundering, terror financing, aid diversion, shoplifting, conflict of interest, counterfeit money, cybercrime, extortion, and criminal damage. Sexual Misconduct: Includes child abuse, vulnerable adult abuse, sexual abuse, sexual harassment, and sexual exploitation. The allegations we investigate under ‘sexual misconduct’ range from incidents of sexual harassment to severe sexual violence. For example, unwanted verbal comments felt to be of a sexual nature by the subject of them, unwanted physical touching, sexual contact with children, and rape/attempted rape would all be included. In line with the Code of Conduct for Oxfam staff, they are to ensure that their relationships and behaviour are not exploitative, abusive or corrupt in any way, and they are not to engage in any form of sexual abuse or exploitation of any persons of any age. In line with international standards, they are not to have sexual relations with children (defined as under 18 years old) or with beneficiaries (in exchange for assistance or any other reason) recognizing the inherent unequal power dynamics involved, and that such behaviours can undermine the integrity and credibility of Oxfam's work. They are not to exchange money, offers of employment, employment, goods or services for sex or sexual favours, nor any other forms of humiliating, degrading or exploitative behaviour, understanding that these standards exist to challenge sexually exploitative and abusive behaviour. They are to use their best endeavours to report any such behaviours or malpractice in the workplace by others to their line management or through recognized confidential reporting systems”. HR Misconduct: Includes bullying, harassment, discrimination, abuse of power, recruitment nepotism, breach of confidentiality and breach of policy. HR misconduct does not include a complaint about the performance and behaviour of a manager or other work colleague, or personal grievances. A detailed definition of HR misconduct can be found in the OCA No Harassment-No Violence Procedure document that accompanies Oxfam Canada’s No Harassment and No Violence in the Workplace policies. Protected Disclosure: The disclosure of a reportable concern under this policy by an eligible whistleblower. Reportable Concern: Where there are reasonable grounds to suspect any of the following conduct (or the deliberate concealment of such conduct) in relation to Oxfam: (1) conduct which constitutes an improper state of affairs or circumstances in relation to Oxfam or a related body corporate; (2) fraud, negligence, default, breach of trust and breach of duties. Examples of reportable concern include:
breach of the Oxfam Code of Conduct Bullying, harassment or discrimination financial wrongdoing, including misappropriation of funds, theft, bribery, fraud, money laundering and aid diversion
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illegal conduct, such as violence or threatened violence, and criminal damage to property sexual misconduct, including sexual harassment, exploitation and abuse behaviour that poses a serious risk to the health and safety of any person at the workplace, or to public health or safety, or the environment (even where this does not constitute a breach of any law). activity that would bring Oxfam Canada into serious disrepute, which may include misuse of sensitive or confidential information; unfair or unethical business behaviour or practices in dealing with a contractor or supplier; and conduct likely to damage Oxfam’s financial position or reputation.
Not Reportable Concern: Reportable concern does not generally include a personal workrelated grievance. Personal work-related grievances are grievances relating to a person’s current or former employment with Oxfam which have, or tend to have, implications for the person personally but do not have significant implications for Oxfam or a related body corporate, nor relate to any conduct, or alleged conduct, defined under Reportable Concern. Examples of personal work-related grievances include, but are not limited to: an interpersonal conflict between employees; a decision relating to engagement, transfer or promotion; a decision relating to the terms and conditions of engagement; or a decision to discipline, suspend or terminate an employee.
REPORTING MISCONDUCT AT OCA To qualify for protection as a whistleblower under this policy, a whistleblower must disclose reportable concern directly to one of the following:
Their immediate manager or supervisor
The Oxfam Canada Safeguarding Focal Point, if the reportable concern relates to sexual misconduct
The Oxfam Canada Deputy Director, Human Resources, if the reportable concern relates to HR misconduct
The Oxfam Canada Director, Finance and Operations, if the reportable concern relates to financial misconduct
The Oxfam Canada Executive Director, if the reportable concern relates to the Senior Leadership Team
The Chair or Co-Chairs of the Oxfam Canada Board of Directors, if the reportable concern relates to the Oxfam Canada Executive Director or another Board member
The Vice-Chair of the Oxfam Canada Board of Directors, if the reportable concern relates to the Chair or Co-Chairs of the Board 3
If a whistleblower is not comfortable raising the reportable concern to one of the above, they may make an anonymous disclosure using the Oxfam Canada or Oxfam International “Speak Up” reporting lines:
Email: speakup@oxfam.ca Phone: (613) 627-8699 Web form: https://oxfam.clue-webforms.co.uk/webform/misconduct/en
CONFIDENTIALITY AND ANONYMOUS DISCLOSURE All reports made to Oxfam Canada are confidential and will be managed in a sensitive manner. Individual privacy and confidentiality are basic principles underlying all parts of this policy. Information is shared on a strictly need-to-know basis. It may not be possible to maintain complete confidentiality where identification is required by law or to enable Oxfam Canada or law enforcement to conduct an adequate investigation. Examples include reportable concern related to sexual harassment, exploitation or abuse. If it is not possible to resolve the reportable concern without revealing the whistleblower’s identity, the individual leading the investigation will discuss the implications with the whistleblower directly. It is the right of a whistleblower to report concerns anonymously. In certain circumstances and for specific reasons, this may feel like the most appropriate or safest way of reporting. However, anonymous reporting might impact Oxfam Canada’s ability to respond optimally to the concerns raised if insufficient information is provided. Oxfam Canada encourages whistleblowers to only use anonymous reporting as their final, least preferred option.
INVESTIGATION OF ALLEGATION Oxfam Canada endeavors to deal with disclosures as sensitively and quickly as possible. The individual leading the investigation will investigate the allegation within ten working days of the disclosure having been made. The whistleblower may be asked for further information during the course of the investigation. In cases where it is unclear what the disclosure is specifically related to (i.e. sexual misconduct, HR misconduct, financial misconduct), the Oxfam Canada Deputy Director, Human Resources will conduct the initial investigation. In the case of an allegation involving the Deputy Director, Human Resources, the investigator will be named by the Executive Director. In the case of an allegation involving the Executive Director, the investigator will be named by a Co-Chair or Chair of the Board. In the case of an allegation involving Co-Chairs or Chair of the Board, the investigator will be named by the ViceChair.
OUTCOME OF INVESTIGATION On completion of an investigation, appropriate action will be taken to resolve the issue, which may result in disciplinary action (including dismissal or referral to relevant authorities). 4
The whistleblower will be informed that the investigation has been completed, and when possible, the outcome of the investigation. If they are not satisfied with the outcome and action taken, the matter will be referred to the Executive Director, a Co-Chair or Chair of the Board or Vice Chair of the Board, as appropriate. WHISTLEBLOWER PROTECTION Whistleblowers who believe that they have been retaliated against may file a written complaint the Executive Director, a Co-Chair, Chair or Vice Chair of the Board, as appropriate. Any allegation of retaliation will be promptly investigated and appropriate action will be taken if the allegations are substantiated. In accordance with Oxfam Canada’s No Harassment and No Violence in the Workplace policies, Oxfam Canada will take appropriate disciplinary action (including dismissal or referral to relevant authorities) against any employee found to be (1) victimizing a whistleblower or deterring them from reporting concerns under this policy, or (2) making a disclosure maliciously that is known to be untrue, or without reasonable grounds for believing that the information supplied was accurate. In the case of members of the Oxfam Canada Board of Director or volunteers, breaches of this policy would be seen as a breach of the Oxfam Code of Conduct. Individuals raising concerns in good faith, or with reasonable grounds for believing that the information supplied is accurate, will not be subject to any form of retaliation or disciplinary action, even if the concern is not upheld. The following actions are not considered retaliation: -
administrative action that is reasonable for the purpose of protecting a whistleblower); and managing a whistleblower’s unsatisfactory work performance, where the action is in line with Oxfam’s performance management framework and unrelated to the disclosure of a reportable concern.
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