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WISE Workplace is a multidisciplinary organisation specialising in the management of workplace behaviour. We investigate matters of corporate and professional misconduct, resolve conflict through mediation and provide consultation services for developing effective people governance. 

Through the delivery of professional development opportunities and self published practitioner guides, we are the centre of excellence for the ongoing professionalisation of workplace investigations across Australia.

The Latest from the Blog

Elder Abuse in Care

Vince Scopelliti - Wednesday, September 18, 2019

The most vulnerable members of our society are generally those with disabilities, the very young and the elderly. People who are vulnerable are at greater risk of being abused or otherwise mistreated, especially in residential care facilities. This is currently being made distressingly clear at the aged care Royal Commission. 

We discuss what elder abuse in care looks like, how it can occur and what factors can make an impact on the investigation of alleged abuse.

WHAt is elder abuse? 

"Elder abuse" is an umbrella term, which encompasses a number of forms of abuse, including but not limited to:

  • Physical abuse. This means that a person, often a carer or loved one, is deliberately inflicting physical injury or pain on an elderly person. Importantly, this also includes the use of physical and chemical restraints.
  • Psychological/emotional abuse. It is difficult to define exactly what constitutes emotional abuse. However, examples include making threats or intimidation, humiliating the elderly patient, failing to provide access to services (such as restricting access to clean clothing or washing facilities) or telling the patient that they have dementia when they don't.
  • Social abuse. This includes restricting a patient the right to see or interact with their family or loved ones.
  • Financial abuse. This is one of the most common types of elder abuse. It involves mismanaging, improperly using or otherwise dealing dishonestly with an older person's financial assets. Examples include forcing the elderly patient to provide bank details so that the carer can use them for their own purposes. Another example is forcing the patient to sign over money or goods in their will.
  • Sexual abuse. This is dealing with an elderly person in a sexual way without consent. It ranges from speaking about sexual activities to inappropriate sexual contact.
  • Neglect. Another very common type of elder abuse, this involves withholding basic human rights such as food, shelter, hygiene or medical assistance from the patient.
Like many other types of abuse, elder abuse is significantly under-reported. This is because of shame, fear of reprisal, or in certain circumstances the elderly patient not understanding that they are being abused. However, according to a report published by the Australian Institute of Family Studies, up to 14% of older Australians may be subjected to elder abuse.

In late 2018, a Royal Commission into Aged Care Quality and Safety was announced. Amongst its terms of reference is the specific requirement to consider poor care, including "mistreatment and all forms of abuse". An interim report commenting on initial findings is due to be published by 31 October 2019.

WHAt are the signs of elder abuse? 

Determining whether an elderly Australian in care is the victim of abuse can be extremely difficult. However, some key factors which can cause a suspicion of abuse include:

  • Sudden personality changes such as unusual anger, anxiety, fear or depression;
  • Obvious poor personal hygiene;
  • Changes in eating and sleeping patterns;
  • Changes in social activity and interaction such as becoming non-verbal, becoming isolated and lack of motivation;
  • A failure for simple medical conditions to clear up as expected (indicating maltreatment);
  • Inexplicable disappearance of money or possessions; and
  • Visible signs of injury or trauma.

Who is most at risk? 

Although potentially all older Australian in residential care facilities are at risk, those with mental health issues are at greater risk of being abused. This is because the victim may be confused themselves, about whether the abuse is even occurring. Further, even if the victim does make a complaint, those with organic brain issues and diseases or significant mental health problems may not be believed.

Challenges of an investigation 

Investigations into elder abuse are challenging due to a number of different factors. These include low reporting rates and difficulty in obtaining accurate reporting and evidence about the specific details of abuse. There are unlikely to be third party witnesses because abuse can and often does, occur in the victim's private room. Victims may also be poor witnesses due to difficulties with memory and recall or other mental health illnesses and conditions.

The Royal Commission into Aged Care Quality and Safety has revealed how the treatment of the elderly in aged care facilities can go unnoticed. If you require assistance into the investigation of elderly abuse complaints in a care setting, contact WISE to discuss your needs, and how we can help. Alternatively, we provide Investigating Abuse in Care training.

How to Move Forward After a Workplace Investigation

Vince Scopelliti - Wednesday, September 11, 2019

A workplace investigation can be a traumatic and emotional event for everyone involved. 

Let's take a look at how an organisation can move forward after a workplace investigation, regardless of whether the complaint has upheld or if any disciplinary action has been taken. 

WHAT happens when an investigation is concluded? 

After the investigative process has finished it is important for all parties involved to be updated on the outcome. This includes the complainant, the accused and potentially in some circumstances, witnesses who have been heavily involved in the process. It is important that the parties are kept in the loop and do not find out from each other or another source, that the investigation has concluded. 

Any concerns arising out of the investigative process and findings which are raised by the parties, should also be dealt with. This may include questions of how confidentiality is to be maintained; details of how any disciplinary action will be implemented and work in practice; concerns about how the parties are to continue to work together (if possible); and how an organisation will be able to support all of the parties affected by the investigation findings and outcomes. 

Once these concerns have been identified and addressed to the best of management's abilities, the outcome of the investigation should not be shared with the workplace generally. However should be communicated with the applicable parties, where appropriate to do so, that does not breach any parties confidentiality.  

Having a communication strategy will avoid rumour or conjecture.   

what are some common complications? 

It may be tempting for management not to share the outcome of an investigation with staff. This approach is usually taken in an effort to avoid breaching confidentiality or to squash gossip. 

However, poor communication generally results in a growing mistrust of management - especially if a decision is made to terminate a respondent's employment. If they are simply there one day and gone the next, this can have a negative impact on staff confidence levels. 

Communication is particularly crucial if the investigation has led to changes in the management structure. These changes could occur, for example, because there is a termination of employment in a team, or it has become apparent that the 'old' structure isn't efficient. These types of changes require extremely good communication at all times. 

Similarly, the temptation for staff to breach confidentiality and gossip is extreme after an investigation. This is especially so if the outcome is perceived as being unfair or inappropriate. In order to minimise the spread of gossip, management should ensure that as much information that is appropriate and maintains confidentiality, is distributed to the business in a timely fashion. All parties involved in the investigation, regardless of the nature of their involvement, should be reminded of their confidentiality obligations and the potential consequences of breaching them. 

Another common post-investigation outcome is the desire for retribution. This may occur regardless of what the findings were, because for example a peer may consider that a colleague has been treated unfairly. Alternatively, a colleague may form the view that the investigation has not been through or harsh enough or has come to the wrong conclusion. Regardless of the motivation, management must be cautious to avoid and identify any retribution and manage any issues that arise swiftly if this behaviour occurs. 

post-investigation strategies 

Even if an investigation has been run thoroughly and 'cleanly', it is important for post-investigation strategies to be in place to avoid potentially negative consequences. 

As noted, these strategies include excellent communication on a 'top down' basis. This is to minimise gossip and to ensure that confidence in management is restored. 

Additional strategies may include arranging mediation for the involved parties, to ensure that any concerns are voiced before an independent third party. 

The post-investigative period is also a good time for the organisation to pull together as a whole and discuss workplace values and standards. This can be an opportunity to reflect on the nature of the allegations (to the extent that they are disclosable) and to reaffirm the organisation's approach towards such behaviours.

If the alleged behaviour is particularly offensive, and strict action was taken as a result, this can also serve as a timely reminder for the organisation to reinforce and remind all staff, that code of conduct or criminal breaches are taken extremely seriously. 

Similarly, any changes in company culture or procedures that are clearly required in the wake of the investigation, can best be introduced in this timeframe. 

If you need effective resolution of workplace disputes following an investigation, WISE Workplace provides advice coupled with mediation services on how to best resolve post-investigation concerns.

How to Deal with Workplace Conflict

Vince Scopelliti - Wednesday, September 04, 2019

Any sphere in which humans interact with each other is likely to involve certain levels of conflict. This is certainly the case in the workplace, where employees are required to spend significant amounts of time with people they may not otherwise choose to be involved with. 

Although workplace conflict is unavoidable, it does need to be dealt with to ensure that staff remain engaged and productive. We take a look at the best strategies for resolving issues amongst employees.  

WHAT IS WORKPLACE conflict?

There are two broad types of conflict which can occur in the workplace. These include conflict of ideas, and personality clashes. 

By and large, a conflict of ideas can be a force for positive change in the office. This type of conflict generally arises when two or more employees feel strongly about the way something is done. One staff member may like following detailed processes to the absolute letter, while another staff member 'wings it'. Although these different working styles are likely to result in conflict and frustration, it is important that all workplaces embrace differences in employees, for the betterment of the organisation. 

A much more negative type of conflict, however, arises from personality clashes. While not all staff will get along all of the time, it is important that a minimum level of appropriate behaviour is insisted upon within the workplace. This includes always treating colleagues with respect, being polite and courteous.  

consequences of workplace conflict

Negative workplace conflict, which typically arises from personality clashes, results in reduced productivity and the creation of a toxic workplace. It goes without saying that staff who are locked in unhealthy relationships with their colleagues are more likely to take sick leave to avoid seeing their co-worker. Alternatively, there may be increased levels of presenteeism, where staff attend work but are not providing their best work. Even staff who are not directly involved in the conflict will likely feel increasingly stressed due to the negative atmosphere, and ultimately this will result in higher levels of staff turnover. 

Situations where there are high levels of conflict could also potentially result in more serious types of negative behaviours being engaged in, such as bullying, victimisation or harassment.

Resolving the conflict

There are many techniques and strategies available to employers to manage workplace conflict. Mediation utilising an independent third party can be particularly helpful, especially in cases where traditional management action has not been successful. 

Through mediation, staff members can ventilate their concerns and feel they have been adequately heard. As the mediator is generally an external party, employees are also less likely to feel that biased decisions are being made against them. 

Additional techniques include ongoing training for staff, in particular as to what types of behaviour will and will not be tolerated in front of peers. All expectations on behaviour must be recorded in clear policies and procedures. 

It is also important for employers to improve communication, so that staff know what is expected of them and what type of behaviour will not be tolerated. Management must also take clear steps to nip intolerable levels of workplace conflict in the bud, as soon as it becomes apparent.

Team bonding activities can also be a helpful way for staff to get to know their colleagues better, and perhaps develop an understanding of their motivations and concerns. 

By following these techniques, unnecessary and toxic workplace conflict and culture can be minimised. This in turn will have a positive impact on any organisation. 

Conflict among staff can easily fuel larger problems within an organisation, stunting productivity and quality of services. If your workplace is experiencing internal conflict and requires independent and expert support, WISE Workplace houses experienced mediators to help facilitate the resolution of workplace conflict.

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