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Reporting

Reporting refers to providing information about serious wrongdoing which you have been made aware of in your workplace/place of study.

Q&A about reporting

This is about notifying someone if you discover that laws or regulations have been broken, or that ethical norms are violated or serious conditions exist which could injure individuals, the university, collaborative partners or society.

Right and duty to report

When do I have the right to report?

As an employee, you have the right to report regarding wrongdoing in the institution cf. The Working Environment Act § 2-4 nr. 1.

When do I have a duty to report?

You have a duty to immediately notify your employer, the health and safety representative and, if necessary, other employees, regarding errors or shortcomings which could lead to a danger to life or health if you are unable to correct the situation yourself, cf. The Working Environment Act § 2-3 nr. 2, letter b.

You have the duty to notify your employer or the health and safety representative about harassment (bullying) and discrimination in the workplace, cf. The Working Environment Act § 2-3 nr. 2, letter d. You have the responsibility to notify your employer if an employee gets injured at work, or develops an illness which you believe was caused by work or conditions in the workplace, cf. The Working Environment § 2-3 nr. 2, letter e.

You have the duty to report to the employer regarding conditions which might cause an employee, staff-member, or the people around loss or injury, cf. Ethical Guidelines for the Public Service, point 2.2.  

Do I have a particular duty to report as health and safety representative?

The health and safety representative has a particular duty to report, according to the Working Environment Act § 6-2 third section. If the health and safety representative is made aware of conditions which could lead to dangers with regard to accidents or health, he/she must immediately notify the employee and the employer. If attention has not been paid to this notification within a reasonable period of time, the health and safety representative shall inform the Norwegian Labour Inspection Authority or the workplace environment committee.

Who can report?

These routines apply mainly for anyone with an employee relationship to UIA, as well as students.

For external individuals

If external individuals wish to report via web, "anonymous report" must be used. The report will then be sent to the Division of Human Resources who will then forward the matter to the right person.

If external individuals do not wish to be anonymous, contact information must be stated in the report.

The University of Agder is duty-bound to treat reports in a justifiable manner, regardless of who they come from.

Can I remain anonymous?

For students

As a whistleblower, you have the opportunity to act anonymously. The employee representative or STA can convey the contents of the report on your behalf. The recipient is obligated to take all reports seriously.

For staff

As a whistleblower, you have the opportunity to act anonymously. The health and safety representative, employee representative, or a lawyer can convey the contents of a report on behalf of the staff. The employer is obligated to take all reports seriously.

For students and staff

Anonymous warnings are very difficult to relate to, so thorough grounds must be given for critical allegations made.

Be aware that anonymous accusations directed at staff members will seldom lead to good case handling and steps taken. UIA will, in most cases, need to know who you are in order to follow up the case in a justifiable manner which takes care of the rights of both parties.

The wish to remain anonymous will be treated as a separate case. The whistleblower’s identity will nevertheless not be made known to more people than absolutely necessary for further case handling.

In conflict and harassment cases where the whistleblower is him/herself a party in the case in question, anonymity cannot be requested. The background here is the contradiction principle, which means that the individual that the report accuses shall have the opportunity to familiarise him/herself with the information that the other party has put forward. Without this, the accused will not have the opportunity to defend him/herself fully. 

Are there risks involved in reporting?

As a whistleblower, you are protected against sanctions if the report is credible, cf. The Working Environment Act § 2-5 nr. 1, first point. Reporting internally or to supervisory authorities is always justifiable.

From experience it is nonetheless the case that many whistleblowers have a difficult time after delivering a report. The University of Agder wishes that the whistleblower be taken care of properly, and recognises that there is a particular need for follow-up whilst the reporting is handled.

The whistleblower’s manager is responsible for this follow-up, but if this manager is him/herself referred to in the report, a senior manager shall ensure that the employee has a reasonable working environment. UIA encourages whistleblowers to contact the company helath service 

if you need support. Managers/staff are encouraged to inform you – the whistleblower – about this possibility.

UIA would like to point out that it will take a lot to meet the necessary requirements for making the report known to the media/general public.

For students

Reprisals or negative consequences for a student whistleblower are forbidden. If you, nonetheless, experience negative consequences, we ask you to contact the Division of Human Resources directly. The Learning Environment Committee at UIA have particular responsibility for the students’ psychosocial learning environment.

Experience has shown that it is nonetheless the case that many whistleblowers find it difficult after their report is delivered. The University of Agder wishes that the whistleblower be well taken care of, and recognises that there is a particular need for follow-up whilst the report is being dealt with.

UIA encourages whistleblowers to contact SiA Health should you need have need for support. Managers/staff are encouraged to inform you – the whistleblower – about this possibility. 

Which form should I use?

There are no formal requirements as to how a report is to be set out. Reporting can be carried out in written or oral form, for example by telephone, e-mail, letter, net-based form, or by meeting personally.

Be aware that managers receive a great number of small and larger reports of undesirable conditions, and of differing degrees of severity. If you choose to speak out orally, it is therefore important to emphasise to the person you are informing that you intend this to be a report regarding an instance of wrongdoing. Do use the checklist which outlines what a report should include. This will also make further case handling simpler.

It is recommended that those receiving an oral report put this in written form in consultation with the whistleblower.

Checklist: What should the report contain?

In order that the university can follow up the report in a satisfactory manner, it is important that you – the whistleblower – are precise in your description of the case. This applies to the case’s facts, time and place, who is involved, and who is seen to be responsible.  

A report ought to include:

  • Full name (or it can be anonymous)
  • The whistleblower’s department (or it can be anonymous)
  • Date of reporting
  • Time period, possibly date and time of observation
  • Exactly what you have observed
  • Location of the occurrence
  • Other witnesses
  • Possible knowledge of past cases

Handling of reports received

Which principles apply in the handling of cases reported at UIA?

  • All incidents shall be taken seriously
  • All incidents shall be addressed immediately
  • Anonymous sources can be just as valuable as identified sources
  • The different forms of reporting shall be assessed on an equal footing
  • Confidential treatment
  • The reports system shall be able to be used without the fear of consequences
  • Whistleblowers shall receive feedback within a reasonable length of time
  • Contradiction (all parties shall have an opportunity to put forward their view on the case in question)
  • Necessary documentation during the process
  • Uncovering instances of wrongdoing shall result in steps being taken

Everyone who receives a report has the duty to adhere to the pursuant general principles for the handling of reporting cases, cf. Norwegian Ministry of Government Administration, Reform and Church Affairs’ guidelines for the preparation of local reporting procedures in the State. 

Who handles the report?

The employer assesses who will be involved in the further handling of the case and which measures will be implemented, dependent on the kind of case and who is implicated in the report. The circle of people involved will be as small a group as possible.

Will I get any feedback on my report?

You will receive a confirmation that the report has been received. If the nature of the case demands lengthy handling, you should be notified within a reasonable amount of time that the case will be followed up.

As whistleblower, you have the right to know who is aware of your identity and at which level the case is being handled, but you do not have the right to access to information regarding case handling or whatever assessment has been carried out in connection with the case.

Beyond this, questions regarding transparency will be regulated in accordance with the Freedom of Information Act, the Public Administration Act, the Personal Data Act etc.

As someone who speaks out against wrongdoing, what rights do you have?

As complainant, you will have the opportunity to put forward your viewpoint to the individual or group dealing with the case, if possible in a meeting where minutes are kept.   

If you are not yourself involved in the case, you will no longer be a part of the continuing case handling process. The case officer will contact you should there be a need for further information that might shed light on the case in question. You will receive a confirmation that the case is opened, and will be notified when it is concluded.

What rights do those who have been accused of something have?

In situations where the employer decides whether or not to pursue the case, the accused party will, as a general rule, be made familiar both with the report and the information provided. The individual(s) accused will be called in to separate meetings in order that the case be illuminated from different angles.

In this way, the individual(s) in question will be given the opportunity to put forward their version of the case. When the case has been processed, the person/group involved will be notified immediately, regardless of the outcome.

Documentation

Cases which are brought via the electronic reporting system shall always be archived. In this system, the individual responsible will receive a reminder detailing the most important steps in the case handling process.

When the case is concluded, the case officer will ensure that it is transferred over to UIA’s archiving system, 360. 

Case handling procedures with reports received

 Saksbehandling ved varsling om kritikkverdige forhold

Reporting to the police

If the incident is of a criminal nature, you may be encouraged to report it to the police. UIA can, on its own initiative, also choose to report a case to the police.

Notifying the media/general public

When informing the general public (via the press or social media such as blogs, Facebook etc.), you should first have attempted to report internally to the overall authority in the case, or to regulatory bodies/supervisory authorities. The possibility to do the University of Agder and/or its staff harm is usually much greater when reporting to the general public.

If you are considering notifying the general public, you must carefully consider the following three points first:

  • Are there grounds to believe that wrongdoing actually exists? Examine the actual circumstances as thoroughly as possible.
  • Consider whether internal reporting, reporting to the highest authorities or to public regulatory/ supervisory bodies is possible or appropriate.
  • Consider whether others from outside the institution have a legitimate interest in finding out about the conditions in question.

Informing the media is not justifiable if the case has been reported internally and is being processed and/or measures have been put in motion. In these cases, the university shall have the possibility to correct the wrongdoing in question.

Where can I get advice?

Contacts at UiA for staff 

Supervisory authorities

If the case touches on something which falls under the auspices of the supervisory authorities, you are entitled to consult the following:

Are you unsure about which rules apply?  The Norwegian Labour Inspection Authority’s answering service replies about everything concerning the working environment on telephone number 815 48 222.

Links with more information about reporting:

  • Norwegian Ministry of Government Administration, Reform and Church Affairs guidelines
  • The preliminary work connected to the Working Environment Act’s rules regarding reporting
  • Ethical guidelines for the civil service
  • The Norwegian Labour Inspection Authority’s pages about reporting
  • The Norwegian Data Protection Authority’s information about reporting in the workplace

Protection in the case of "future reporting"

As an employee, you are also protected in the case of possible future reports. This means that, if, in an employee capacity, you make use of legal working methods to gather information or to obtain materials for use in a possible future report, you are protected by the Working Environment Act’s safeguards against sanctions.

If a student should experience reprisals in the case of reporting, they should report this to the director of the Division of Human Resources at UiA.

False accusations

Be aware that it is a criminal offence to accuse somebody on a false basis.

Published Apr. 17, 2024 - Last modified Apr. 24, 2024