Interoffice Memorandum
____________________________________________________________________________
TO: GROUP MANAGING DIRECTOR
FROM: CHAIRMAN, AD-HOC DISCIPLINARY COMMITTEE
SUBJECT: ALLEGED SEXUAL HARASSMENT THROUGH WHISTLE BLOWING PORTAL
DATE: 22nd 1st June, 2017
___________________________________________________________________________________
EXECUTIVE SUMMARY
This is the report on the deliberations of an ad-hoc disciplinary committee established by the
GMD, pursuant to a reported allegation of sexual harassment by a female whistleblower.
The fact-finding review by this Ad-hoc Committee established that:
A case of sexual harassment was not successfully established by Miss Funmilayo Olise (the
Complainant) but in its stead, a case of improper/unsatisfactory conduct was made against
Stephen Olushola.
The circumstances leading to, and surrounding the, disengagementmissal of the
Ccomplainant was not properly documented. The Ccomplainant was however recalled back
to the Company but she later voluntarily resigned her appointment with the placement
company – Fosad Consulting.
Cornerstone does not appear to have any legal exposure if a case of wrongful dismissal is
brought by the Ccomplainant against Cornerstone because she is not a direct employee of
Cornerstone.
Based on the findings of the Committee and by reference to the Staff Handbook, the Committee
recommended that Stephen Olushola be issued with a written warning for
improper/unsatisfactory conduct.
OVERVIEW
Prior to the constitution of the Committee, the GMD had instructed arranged for Internal Audit to
conduct some preliminary investigations into the allegation. The preliminary report provided by
the Audit team informed the constitution of the Ad-hoc committee given the potential legal
perspectives that were implicated in the allegations of both sexual harassment and unlawful
dismissal.
The terms of reference of the Ad-hoc committee were to:
a. Establish the facts surrounding the whistle-blowing allegations of sexual harassment made
by a Bancassurance agent against Stephen Olushola, Group Head of Bancassurance unit.
b. Review the preliminary findings from an investigation conducted on the whistle-blowing
allegation.
c. Make recommendations to management.
BACKGROUND
Pursuant to Early this year, Cornerstone (or “the Company”)’s embarked on a recruitment drive
for Bancassurance agents for the implantation of the Company’s bancassurance strategy, the
Company undertook a . This recruitment program for Bancassurance Agents (BA) culminating in
included a two-week induction programme for successful BA applicants including the
Complainant from that commenced on 27th February to and ended 10th March, 2017. The
Complainant, At the end of the recruitment program, Miss Funmilayo Olise was engaged as a
BA vide issued an engagement letter dated 7th March, 2017 issued by Fosad Consulting (as
outsourcing service provider) as a BA and upon conclusion of the training was deployed to
placed with the Port Harcourt Bancassurance team.unit of Cornerstone. Fosad Consulting is
one of the outsourcing companies that assists Cornerstone to source for contract staff, agents,
drivers, etc.
On the 19th of April, 2017, the Complainant (Miss Funmilayo Olise), lodged a complaint on
purported sexual harassment by Stephen Olushola on the Cornerstone whistle blowing portal.
Sequel to this complaint, the GMDroup Managing Director directed the Head of Internal Audit,
Adetunji Ayilara to undertake an investigate ion into the allegation.
Prior to her allegation, her line manager, Ifeanyi Okwuokenye had, on several occasions,
warned her via text messages and the Banacassurance group’s WhatsApp platform’s and
regarding absenteeism, and lateness and poor attitude to work. However, Tthese warnings were
not documented on the Company email or interoffice memoranda. The Ccomplainant’s line
manager stated that he preferred to communicate with the Ccomplainant by text and
WhatsApp because of poor internet connectivity that made email communication
challenging. The line manager’s text WhatsApp chat transcripts however documented that
Miss Funmilayo Olisethe Complainant continues to show poor attitude to work in spite of his
various admonitions. At one instance, he was particularly disenchanted and stated that she
should tender her resignation and submit the Company’s material with her, but she
remonstrated with him.
On the 22nd of March, 2017, the Complainant Funmi Olise’s line manager sent Stephen
Olushola, Group Head of Bancassurance (SO or Complainee) , a mail requesting that her
employment be terminated for misconduct and lackadaisical attitude/behaviour towards work.
However, there was no mail trail to show evidence of the steps taken by SOtephen Olushola
towards dealing with the complaint made by the Complainant accuser’s line manager. On the
basis of this recommendation, Fosad Consulting, which employed her directly, issued her a
termination letter at the request of Cornerstone (i.e. via letter/email of _____ 2017, to Fosad).
The termination letter was dated 18th April, 2017.
The Complainant Funmi Olise informed Dayo Alao, Group Retail Division, of her employment
termination, which she claimed was wrongfully done, and unfair. Dayo Alao asked that she
should be recalled to allow her own side of the sexual harassment allegation and the wrongful
termination to be heard. Following Dayo Alao’s intervention, Funmi Olisethe Complainant
resumed back to work at Cornerstone two (2) days after she lodged the complaint on the whistle
blowing portal.
On the 28th April, 2017, the Head of Internal Audit submitted his report (attached hereto as
Appendix 1), documenting his and findings from his investigationreport (see appendix 1).
The Committee, after reviewing the Internal Auditor’s investigation rReport with other supporting
documents, interviewed the key parties involved with a view to establishing the facts
surrounding both the sexual harassment and wrongful termination allegations.
Issues Raised during Interview of the Key Parties
S/N Issues Raised Summary of Deliberations
1 Whether the sexual Omodayo Oduntan informed the meeting that the
harassment policy was sent sexual harassment policy was sent to all staff on the
and acknowledged by staff 29th of December, 2016.
2 How did the Head of Internal Adetunji Ayilara informed the Committee that the direct
Audit arrive at his conclusion statement of SOthe accused to the Complainant
that a case of sexual accuser to come to his hotel room and sleep over till the
harassment has been next day constituted improper conduct and that the
established? accusedSO admitted making the statement.
3 Behavioural attitude and work The Committee was informed that (apart from
performance of the WhatsApp conversations) there were no formal queries
Complainantaccuser (Miss issued to the Complainant Miss Olise Funmilayo for
Funmilayo Olise) poor performance or bad behaviour.
4 Procedures followed in the The Committee found that due process was not
disengagement of the accuser followed in disengaging the Complainantaccuser; she
Complainant (Miss Olise) Miss Olise was not issued any formal queries/warnings
for non-performance and poor attitude prior to her
disengagement. Human Capital was also not carried
along in the decision-making process.
5 Interaction with the He admitted to inviting Miss Olise but that it was for
Complainee Accused (Mr. social bonding, as a way of discussing the QBR matters
Stephen Olushola) scheduled for the next day and that his intention was
not to lure her to bed else when she responded that she
was in her fiancée’s house, he had to respect her space
and didn’t persist further that night. N and neither did he
subsequently make such overtures because he had no
negative intention as was alleged by her.
6 Interaction with the Ifeanyi informed the Committee that the Complainant
Complainantaccuser’s Lline accuser from inception was not punctual and absented
manager (Ifeanyi herself from work without permission. On her first day at
Okwuokenye) work, she resumed at 10am and had subsequently
skipped work with different excuses and because her
official mail was not properly set up as at the time of
these complaints, it was difficult to send her queries
through mail. However, documentation on the group’s
WhatsApp platform indicated that she was issued
verbal warning and counselled on these unacceptable
S/N Issues Raised Summary of Deliberations
behaviour. He further stated that these ill behaviour
was reported to Stephen via mail on 22nd March, 2017,
wherein and he (Ifeanyi) recommended for her to be
disengaged when it became obvious that she was not
ready to change for the better.
7 Interaction via conference call The Complainant Miss Olise informed the Committee
with the Complainant accuser that during the pre-employment training employment in
Lagos, she noticed that SOtephen Olusola was always
picking on her. and aAfter her employment, and upon a
scheduled date for their QBR, she received a phone
call from SOtephen who invitinged her to come over to
his hotel to stay with him and that she has it on good
authority that her line manager and a third party were at
the hotel with Mr. StephenSO when he called her to
come over to the hotel.
8 Evidences provided by the Miss Olise The Complainant provided the Committee
accuserComplainant with a voice recording of SO’s conversation with
between her. and the accused. The Committee listened
to the recorded conversation and also read the
transcript of the conversation. .
9 Evidences for non- There was no prior documentary evidence for non-
performance provided by the performance, except for text messages/WhatsApp
Complainantaccuser’s line chats for improper conduct and a mail dated 22nd
manager March, 2017 to Stephen, reporting the
ComplainantMiss Olise’s misconduct and
recommending that she be disengaged.
10 SO’s The Accused line The Committee was informed that the Complainant
manager’s response to the accuser sent the voice recording to Dayo Alao who
case confronted SOtephen. SO who in turn responded in the
affirmative that he called her but the intent was for
teaming/counselling purposes and not for sexual
advances else, he would have persisted for her to come
when she responded that she was at her fiancée’s
place.
11 Reasons for recording the The Committee was informed that Miss Olise installed a
conversation recording app on her phone with which she records all
conversations, which may be saved at her discretion.
She stated that she intentionally saved the phone
conversation with SOtephen because she wanted to
protect herself in future because she felt SOtephen was
going to give her trouble.
Findings of the Committee at a further adjourned date on June 12, 2017
After exhaustive deliberation by members on the issues for determination, the Committee,
relying on evidence before it, resolved as follows:
1) From its findings and investigation, a case of sexual harassment has not been successfully
established by the Complainant, Miss Funmilayo Olise. as iIt would appear that the duo
had previously spoken prior to the recorded phone conversation because, he did not need
to introduce himself when she took his call during the recorded phone conversation. The
opening part where SO stated in part “I am in town” showed some familiarity between them
that enabled him make that disclosure. More importantly, it was not clear that she clearly
disapproved of advance/invitation made to her to inform him unambiguously that the
advance was unwelcome. Also, the testimony from both parties confirmed that there were
no further such advances to the Complainant Miss Funmilayo after the recorded phone
conversation. In addition, the tone of the words of the accuser after the conversation (in
saying ‘welcome’ to the accusedSO) suggests that they had some rapport (although could
also signal her mean relief that he was not persistent).
2) On whether there was a case of wrongful dismissal of the ComplainantMiss Funmilayo
Olise, the Committee noted areas for improvement in the ‘people’ elements of the
Bancassurance operating model. For example, Funmi’s tardiness and absenteeism
mentioned in the Bancassurance group WhatsApp were not properly documented in her
personnel records. But for the text/chat messages documenting the Complainant’s
accuser’s poor attitude, it would have been difficult to establish that her initial dismissal was
not unconnected with her refusal/inability to honour the ComplaineeStephen’s invitation.
3) On whether the Complainant accuser can sue the Company for wrongful dismissal (given
some of her outbursts on whatsapp, etc), the Committee’s view was that the accuser
Complainant having not established a case of sexual harassment against the Complainee
accused may not be able to sustain a claim of wrongful dismissal on the following grounds:
Cornerstone is not the direct employer of the Complainant Miss Funmilayo Olise and as
such, there is no privity of contract between her and Cornerstone
An employer or employee reserves the right to terminate each other’s contract of
employment as a willing employee cannot be forced on an unwilling employer and vice
versa, and,
Her premium production was poor, and, the tone of her WhatsApp posts smirks of poor
interpersonal skills.
In any case, it can be inferred that the defect, if any, that may have arisen from the initial
dismissal was cured when she was recalled even though she subsequently voluntarily
resigned her appointment with Fosad Consulting.
4) On whether the allegation against the Complaineeaccused can be termed sexual
harassment or improper conduct, . Iit is the Committee’s view that the direct proposal of the
Complainee accused to the Complainant accuser constitute an improper/unsatisfactory
conduct given his supervisory responsibility over the Complainant accuser in the
organization, and especially his eventual participation in the process leading to her
disengagement.
5) The Committee resolved that the Human Capital should henceforth get more involved in the
personnel management of Bancassurance agents (BAs). Human Capital should ensure that
Tthe arrangement with outsourcing service provider, Fosad Consulting is reviewed , that
provides the BAs to ensure that the gaps noted in the Internal Audit report and during the
Committee’s deliberations are remediated.
Recommendation of the Committee to Management
The Committee having carefully considered all issues for determination resolved that Stephen
Olusola (SO or the Complainee), be issued a written warning for improper/unsatisfactory
conduct in line with the Company’s disciplinary procedures as contained in the Sstaff
Hhandbook. It further stated that the key grounds for his sanction is premised on his direct
proposition to the accuser, that the Committee considered inappropriate because of his
supervisory role over the Miss Funmilayo Olise.
The Company should utilise every opportunity to emphasize the reputational, business and
other risks inherent in non-compliance with the Cornerstone Groups policies especially on
workplace interaction.
Name Role Signature
Afolabi Elebiju Chairman __________________
Divine Alegbe Secretary __________________
Ayo Osunbunmi Member __________________
Adetunji Ayilara Member __________________
Omodayo Oduntan Member __________________
Appendices
Please find attached, supporting documents relied upon by the Committee in the under listed
appendices:
Appendix 1 – report of the investigation conducted by the Internal Audit team
Appendix 2 – voice recording lodged at the whistle blowing portal
Appendix 3 – letter of termination from the Consultant (Fosad)
Appendix 4 – copy of query letter issued by Ifeanyi Okwuokenye (Miss Olise’s) line manager
Appendix 5 – copy of response to query by Miss Olise
Appendix 6 – screen shots of Bancassurance group WhatsApp chat
Appendix 7 – copy of Miss Olise’s employment letter
