Industry Overview
The retail industry is among the most dynamic workplace environment. Among the most recognized brand in the retails industry is Wal-Mart, which is composed of employees that encompasses a variation of behavioral characteristics. Among the critical problems that the company is facing are the ethical issues concerning employees and/or members of the middle management that engaged in acts of harassment and or bullying. As such, the company large retail companies should have a strong set of policies that addresses the issues of bullying and/or harassment. Recently, the Canadian operations of Wal-Mart was placed on a heat seat in reference to a case filed by a female employee against the company for its lack of action about the harassment that the employee is experiencing from her manager (workplacebullying.org). In order for Wal-Mart to avoid similar problems in the future, the company should rethink its current policies when it comes to bullying/harassment. Re-enforcement of anti-bullying and harassment policies should consider the elements stipulated in the outline below (adopted from McCormack).
Policy Outline of the Industry (Wal-Mart)
- Definition of workplace Bullying/harassment
- A repetitive behavior demonstrated by the employees characterized as inappropriate in nature constituted through direct/indirect physical, mental, and verbal actions.
- Examples of bullying/harassment are indecent habits, mannerism or actions. Sexual provocation, verbal abuse, profanity, hitting or perpetrating violent conducts in an intention to injure or harm an individual.
- Statements against workplace bullying/harassment
- Bullying in the workplace is an act of violation of the company’s policies on ethical misconduct while on duty.
- Harassment is an act of demonstrating specific attitudes that has a direct/indirect implication towards a person’s psychological being.
- Reporting procedure
- Informal procedure
- Explaining to the perpetrator of his inappropriate behavior
- Talk to the immediate superior about issue
- Wait for the response and results of the investigation
- Schedule a mitigation hearing together the perpetrator and the complainant.
- Evaluation of arguments from both sides
- Pass a judgment on the case and make recommendations for further action.
- The reading of the no-retaliation statement.
Recommended Policy Against Bullying/Harassment for Wal-Mart
- Definition of workplace Bullying/harassment
- A repetitive behavior encompassing physical, social, verbal, and psychological abuse perpetrated by the manager, employer, an individual or group within the place of work.
- Examples of bullying/harassment in the workplace
- Bullying - Public or professional humiliation, accusation of incompetency, belittling, name calling, withholding information, denied access to opportunities
- Harassment – imposition of authority in exchange for advancement of personal interest, sexual indecency, discrimination, unreasonable enforcement of power.
- Statements against workplace bullying/harassment
- Bullying in the workplace is a threat to professional standing, reputation, and destabilization of good professional relationships.
- Harassment is an act of demonstrating specific attitudes that encompasses degradation of confidence, reduces one’s self esteem, and a manifestation of lack of respect.
- Reporting procedure
- Procedures should be made formal and observes a proper due process in accordance to the provision of the labor law (Howell).
- The perpetrator should be notified to submit a letter of explanation within a reasonable timeframe, ideally 24-48 hours upon receipt of the notice.
- The perpetrator should also sign a non-retaliation statement in order to protect the safety of the complainant.
- An investigation should be conducted in the soonest possible time and should not be made aware to the parties involved in order to prevent concealment of evidences.
- Schedule a mitigation hearing together the perpetrator and the complainant.
- Pass a judgment on the case and make recommendations for further action.
Works Cited
Howell, George. A Handy-Book of the Labour Laws: Being a Popular Guide to the Employers and Workmen Act, 1875: Conspiracy and Protection of Property Act, 1875 Etc., Etc. London: Macmillan and Co, 1895. Print.
McCormack, Judith. "Shopping for a Remedy: The Wal-Mart Case." 5 Canadian Lab. & Emp. L.J 341 (1997): 14. Web. 17 Oct. 2014. <http://heinonline.org/HOL/LandingPage?handle=hein.journals/canlemj5&div=15&id=&page=>.
Workplacebullying.org. "Wal-Mart | Workplace Bullying Institute." Workplace Bullying Institute - WBI - Help, Education, Research. workplacebullying.org, 18 July 2014. Web. 17 Oct. 2014. <http://www.workplacebullying.org/tag/wal-mart/>.
