Why David Jones’ harassment policy didn’t work – and how your policy should

Unquestionably too much has been written and speculated upon in the DJs sexual harassment case. You may recall SmartCompany‘s early coverage was right on the money. So much in the workplace is predictable to the trained eye.

But what is the wash up? What learning can businesses take from this very public litigation? Why was it so public and how did the HR infrastructure and governance of DJs stand up?

The first question is – did DJs have an HR infrastructure that protected employees and delivered the values and business plan of DJs? The answer appears to be mostly yes. Then why didn’t it work?

The answer is found in a recent, somewhat obscure case of Markos v Quin Investments. In that case, a documented safety management system existed but management failed to drive and own it. As a result, an employee was killed in an explosion and the court found the failure to comply with the safety management system was an aggravating feature, subjecting the business to nearly the maximum penalty.

What is apparent from the media disclosure, and it is difficult to assess the reliability of such disclosures, is that the culture did not marry with the infrastructure. The answer is – paper is not enough. You need ownership.

How do you prevent this disjunction from arising, gain improved productivity and ensure that all staff are safe?

1. Create immutable and culturally sacrosanct values.
2. Imbed these in the business plan – not only as goals but as fundamental metrics of the business performance.
3. Institute a performance management program that elicits behavioural alignment or breach and respond accordingly.
4. Ensure all contracts and policies and procedures are based upon these values, driven by the business plan and directed towards best behaviours.
5. Recruit only in accordance with the values.
6. Train and induct all employees, including the CEO, in the values, policies and procedures.
7. Make the Board and CEO custodians of the values. This leadership role must form part of focused oversight and governance and be a threshold KPI for the CEO.

It really is not complex to lead. All you have to do is lead by example in behaviour and deliver the business plan. But the business plan must be grounded in values. Only then can you provide both protection and productivity. Only then can the brand survive public litigation unblemished.

Andrew Douglas is the founder, principal lawyer and managing director of Douglas Workplace & Litigation Lawyers. Andrew is an experienced commercial litigation and workplace lawyer, who acts both as a solicitor and advocate.