Whistleblower Policy Dilemma: How to Handle Misconduct Without Modifying Standing Orders?

There is a clause in the whistleblower policy that states if the whistleblower has made a complaint and that complaint proves to be on malafide grounds or biased in nature, it will be considered misconduct, and action against the whistleblower will be taken. To address this, a modification is needed in the certified standing orders. When this item of the whistleblower is not included in the schedule, it cannot be included in the modifications.

Moreover, standing orders are brief for service conditions; if such modifications are allowed, it will become a mess. Under the circumstances, what is the remedy in the absence of modification? How can action be taken against the whistleblower in case he happens to be a worker?

From the statutory viewpoint, the certified Standing Orders stand as the primary document, not the Whistleblower Policy. Any misconduct by any person should also include a whistleblower. Therefore, you need not consider them as separate entities. However, you can define a whistleblower in the standing orders. Additionally, you can outline a whistleblower policy. This will clarify the existence of a whistleblower policy and the appointment or nomination of a whistleblower. Just as an auditor who makes a mistake is likely to face an inquiry, the whistleblower should also face an inquiry. That should be sufficient.

Regards,
Madhu.T.K

Incorporating a Clause in Misconducts of Standing Order

Why can't you incorporate a clause in the Misconducts of Standing Order such as "Intentionally maligning/tarnishing the image of the corporation/its officers before external authorities/third parties/clients through verbal/written/any other channel of communication personally/anonymously/pseudonymously"? Then the employee can be charged under the above misconduct if found biased.

Whistleblower Policy and Standing Orders

From the statutory viewpoint, the certified Standing Orders stand as the prime document, not the Whistleblower Policy. Any misconduct by any person should include a whistleblower as well. Therefore, you need not consider him as a separate entity. However, you can define a whistleblower in the standing orders. Additionally, you can define a whistleblower policy. This will clarify the existence of a whistleblower policy and the appointment or nomination of a whistleblower. Just like an auditor who makes a mistake is likely to face an inquiry, the whistleblower should also face an inquiry. That is sufficient.

Madhu.T.K

Sir, in my opinion, a whistleblower policy cannot be indicated/incorporated in the standing orders. Please review my question.

Incorporating a Whistleblower Policy into Certified Standing Orders

No satisfactory comments have been received on this site. My main aim was to ask whether a whistleblower policy can be incorporated into the certified standing orders where there is no mention of this kind in the schedule. I want comments before asking the Labour Commissioner for amending standing orders for the incorporation of a whistleblower policy.

Applied for modifications in certified standing orders whistleblower policy. The union has objected that this item is not covered under the schedule of industrial employment standing orders. Furthermore, the union added that the standing orders are a precise document containing terms and conditions of service of the employee, and in case the whistleblower policy is incorporated, it will become a mess.

Can anybody guide on how to deal with this issue?