The solitude of the complainer

Solitude in staff-ombudsman’s land

Mathieu Heemelaar, The Hague University,The Netherlands

Innsbruck May, 28, 201516.00 – 17.00 Parallel Sessions 3: Confident Present Part TwoSession E (Grosser Saal, Room A066), Landhaus 1

Mathieu Heemelaar

September 2013: Ombudsman for the staff The Hague University of Applied Sciencesthe Netherlands

1989 -2013: university lecturer Methods of Social Work and Sexology Chairman of the Council of Workers and Students

Post-bachelor Social Work Post-bachelor Mediation.

Objective

Case study and reflection on staff-ombudsman work in the Netherlands:• the protection and empowerment of the complainer

• the instruments to improve the balance in position between the complainer and the accused

• the strategy of the ombudsman in an unequal balance between higher and lower personnel

• regulations and staff-ombudsman policy in higher education

Structure of the lecture

1. The bridge to 20142. The organization of ombudsmen in higher education in the Netherlands: VOHO3. Case: Ann versus Beth4. Reflection and conclusion on case5. Discussion

Paul’s wish 2014

“In 2005 when I visited the ENOHE conference for the first time in beautiful Vienna I saw to my surprise that there were hardly no ombudsmen for staff outside the Netherlands.” (Herfs, 2005)

“In 2014 I visited the ENOHE conference for the first time in beautiful Warsaw and saw to my surprise that there were hardly no ombudsmen for staff outside of the Netherlands.” (Heemelaar, 2015)

2005 – 2015 No difference is made?

Part IV

My last concluding remark:

Next time we meet at the ENOHE conference in 2015 I hope to learn from you that other universities in other countries will have appointed ombudsmen for academic and non-academic staff too.

Paul’s wish 2014

Did your university appoint an ombudsman for staff?

VOHO

VOHO-ombudsmen HE The Netherlands

number of schools student ombuds staff ombuds0

5

10

15

20

25

30

35

40

14

3 2

36

37

Universities WO Vocational universities HBO

% HE with VOHO ombudsman

ombudsman student ombuds staff ombuds0%

5%

10%

15%

20%

25%

22%

12%

18%

So who is really lonely?

ombudsman?complainer?complained?

Objective

Case study and reflection on staff-ombudsman work in the Netherlands:• the protection and empowerment of the complainer

• the instruments to improve the balance in position between the complainer and the accused

• the strategy of the ombudsman in an unequal balance between higher and lower personnel

• regulations and staff-ombudsman policy in higher education

Case: Ann versus Beth

Ann (complainer) Beth (complained)

Figure A Organization chart 1st of April 2014

Board

Former Director

Course manager

s A PR Management

Assistent

Management Assistent

Couse managers B

Policy advisors

FIGURE B 1ST OF MAY 2014

Board

BETH

New Director

Course Manager

A PR

Management

Assistent

Course managers

A

Policy advisors

Course managers

BPR

FIGURE C SEPTEMBER 2014

Board

Personal Assistent

Course managers A

Policy advisors

Course managers B

PR manager

The complaint

ComplaintEmpowerment of the accused

Reflection

The balance of supportHRM in the institutionProtection of complainerProtection of accusedProtection of ombudsmen

Conclusion and discussion

1. I should never have accepted the condition of the accused to only talk in the presence of her counsellor.

2. I should never have accepted the fact that the accused hired a lawyer. I should have reported that immediately to the board and stopped the investigation of the complaint.

3. I should have informed the complainer earlier to organise here support at the worker’s counsellor.

Discussion

All questions and professional feedback are very welcome

Thank you: Paul Herfs, Lies Poesiat anden Sławek Szopa