OUMM3203 Professional Ethics - Eaug20
OUMM3203 Professional Ethics - Eaug20
OUMM3203 Professional Ethics - Eaug20
Professional Ethics
Answers 168
References 184
INTRODUCTION
OUMM3203 Professional Ethics is one of the courses offered at Open University
Malaysia (OUM). This course is worth 3 credit hours and should be covered
over 8 to 15 weeks.
COURSE AUDIENCE
This is a compulsory OUM course for all students of OUM.
STUDY SCHEDULE
It is a standard OUM practice that learners accumulate 40 study hours for
every credit hour. As such, for a three-credit hour course, you are expected to
spend 120 study hours. Table 1 gives an estimation of how the 120 study hours
could be accumulated.
Study
Study Activities
Hours
3. Justify the application of the ethical theories, law and moral judgement
to current problems in organisations.
COURSE SYNOPSIS
This course is divided into 10 topics. The synopsis for each topic is presented
below:
Topic 3 deals with balancing the economic performance and social performance of
an organisation when faced with an ethical dilemma. This topic also discusses
ethics in Islam.
Topic 6 exposes the learner to the concept and effects of corporate social
responsibility and managing it effectively.
Topic 9 details the employeeÊs right to privacy and instances leading to violations
of privacy.
Learning Outcomes: This section refers to what you should achieve after you
have completely covered a topic. As you go through each topic, you should
frequently refer to these learning outcomes. By doing this, you can continuously
gauge your understanding of the topic.
Summary: You will find this component at the end of each topic. This component
helps you to recap the whole topic. By going through the summary, you should be
able to gauge your knowledge retention level. Should you find points in the
summary that you do not fully understand, it would be a good idea for you to
revisit the details in the module.
Key Terms: This component can be found at the end of each topic. You should go
through this component to remind yourself of important terms or jargon used
throughout the module. Should you find terms here that you are not able to
explain, you should look for the terms in the module.
References: The References section is where a list of relevant and useful textbooks,
journals, articles, electronic contents or sources can be found. The list can appear
in a few locations such as in the Course Guide (at the References section), at the
end of every topic or at the back of the module. You are encouraged to read or
refer to the suggested sources to obtain the additional information needed and to
enhance your overall understanding of the course.
PRIOR KNOWLEDGE
No prior knowledge required.
ASSESSMENT METHOD
Please refer to myINSPIRE.
REFERENCES
Carroll, A. B., & Buchholtz, A. K. (2006). Business and Society: Ethics and
Stakeholder Management (6th ed.). Ohio: South-Western.
Donaldson, T., & Preston, L. (1995). The Stakeholder Theory of the Corporation:
Concepts, Evidence, Implications. Academy of Management Review 20(1),
65ă91.
Institute for Global Ethics. (2006). Cooked Books, Fried Reputation: Study, Ethics
Newsline (Vol. 2006): Ethics Newsline.
Lawrence, A. T., & Weber, J. (2011). Business and Society: Stakeholders, Ethics
and Public Policy (13th ed.). Singapore: McGraw-Hill.
Lawrence, A. T., & Weber, J. (2011). Business and Society: Stakeholders, Ethics
and Public Policy (13th ed.). Singapore: McGraw-Hill.
Mitchell, R. K., Agle, B. R., & Wood, D. J. (1997). Toward a Theory of Stakeholder
Identification and Salience: Defining the Principle of Who and What
Really Counts. The Academy of Management Review, 22(4), 853ă886.
Thorne, D. M., Ferrell, O. C., & Ferrell, L. (2008). Business and Society (3rd ed.).
Boston: Houghton Mifflin.
Wheeler, D., & Sillanpaa, M., The Stakeholder Corporation: A Blueprint for
Maximising Stakeholder Value, London: Pitman Publishing. (1997).
The Stakeholder Corporation: A Blueprint for Maximising Stakeholder
Value. London: Pitman Publishing.
INTRODUCTION
What comes to your mind when someone mentions the word, „ethics‰? Perhaps
your answer is correct. Let us see what we are going to learn in this topic.
In this topic, you will be exposed to the fundamental concepts and theories of
morals; the history and development of ethical theories; and also the systematic
study of right and wrong, good and evil. These concepts and theories will then
be applied to contemporary managerial dilemmas.
Ethical problems are also pervasive because managers make decisions and take
actions that affect other people. Managerial decisions and actions need to be
addressed and require some degree of moral analysis when these:
(b) Harm or hurt other people in ways beyond their individual control.
In the following subtopics, you will be given the definition of ethics, business
ethics and professional ethics. You will also find out why a business should be
ethical and how individual ethics are formed.
(b) What constitutes ethical behaviour can vary from one person to another;
and
(c) Ethics is relative; it is not absolute. This means ethical behaviour usually
conforms to generally accepted social norms.
Professional ethics indicates the moral values that a group of similarly trained
people develop to control their task performance or use of resources.
People internalise the rules and values of their professional culture just as
they do those of their society. They reflexively adhere to professional rules
and values in deciding how to behave.
ACTIVITY 1.1
(b) How does ethics affect your life? Give several examples.
For example, a person who steals something and does not get caught might
feel no remorse and continue to steal. However, a person who is caught
stealing might feel guilty enough to change his ethical standards and
make it a point not to steal again in the future.
ACTIVITY 1.2
Which of the factors that you have just learnt about have been
most influential in the formation of your ethics? Give some examples
and share with your coursemates.
SELF-CHECK 1.1
Figure 1.2: Five major theories with direct relevance to managerial decisions
Let us look at the explanations provided for these theories in the following
subtopics.
If people have the right to „life, liberty and the pursuit of happiness,‰ then they
also have the obligation to ensure the same right to others. Religious leaders
tend to emphasise the revealed source of the truth more than the reasoned
nature. However, they also believe that the state of the Law is unchanging,
and that the rights and duties are obvious: if we are loved, then we must
love others. This reciprocal exchange is summarised in Christian theology
by the Golden Rule: Do unto others as you would have others do unto you.
(Thomas Jefferson)
What is wrong with eternal law or natural law (interpreted by religious leaders or
normative philosophers) being the basis for an ethical system in management?
Nothing, except for the number of interpretations. No two natural law theorists
and very few religious writers have been able to agree on the exact provisions
of the revealed or reasoned truth. Each religion provides moral standards for
their members and many of the members observe those standards in daily life.
However, the standards differ between groups, and there is no infallible way to
determine which one is right, best or proper for society. Even the Golden Rule,
that simple, elegant, sensible guide to life, cannot be applied universally at all
times.
There is more to life than the acquisition of material benefits alone. Friendships,
knowledge, health and other satisfactions we find in life should be taken into
account as well. The aggregate satisfactions or benefits for everyone within
society have to be considered. However, there are negative costs and adverse
outcomes associated with each action, and these have to be considered to
establish a balance. The negative costs and adverse outcomes (refer to Figure 1.3)
include pain, sickness, death, ignorance, isolation and unhappiness. The aggregate
harm or costs have to be considered, and then a balance of the net consequences
can be computed.
„The greatest good for the greatest number ‰ takes precedence in utilitarian
theory over „The greatest good for a smaller, more elite number.‰
What is wrong with utilitarianism? Not much, except for the possibility of
exploitation. In the vast majority of cases, where no one is going to be hurt
badly, and particularly where it is possible to use financial equivalents for both
the costs and benefits, it is a familiar and useful form of analysis. However, there
is always the possibility of justifying benefits for the great majority of the
population by imposing sacrifices or penalties on a small minority.
(a) In reality, it is about these two principles: the greatest good and the greatest
number. At some point in our decision-making on important matters,
these two principles come into conflict. Then, we have no single means of
determining what is the right or proper act.
(b) We can probably agree that there are some actions that are simply wrong,
despite great apparent net benefits for a huge majority. For example, killing
a child to bring happiness to the whole human race. No one should ever
have to accept that kind of cruel act.
(c) It is impossible to balance the benefits of the majority against the sacrifices
of a minority.
The deontological theory states that the moral worth of an action cannot be
dependent upon the outcome because the outcome is indefinite and uncertain
at the time the decision to act is made. The moral worth of an action has to
instead depend upon the intentions of the person making the decision or
performing the act.
If you wish the best for others, then your moral actions are praiseworthy, even if
you happen to be an unimpressive and clumsy individual who often seems to be
doing the wrong thing. Therefore, these good intentions will usually result in
beneficial outcomes.
(a) It is a useful method of moral reasoning but there are no priorities and
no degrees.
(b) It is difficult to treat others as ends and not as means all the time, particularly
when many serve as means to our personal ends. For example, storekeepers
are means of procuring our groceries, customers are our means of earning
our livelihood, and employees are the means of staffing our factories
(see Figure 1.4).
The first of these, the theory of distributive justice, was proposed by John
Rawls and is explicitly based upon the primacy of a single value: justice.
Justice is felt to be the first virtue of social institutions, just as truth is the
first virtue of systems of thought.
Rawls (1971) proposes that society and the institutions within it are marked by
two elements:
(a) Collaboration
Collaboration comes about since individuals recognise that joint actions
generate much greater benefits than solitary efforts (see Figure 1.5).
(b) Conflict
Conflict is inevitable because people are concerned with the just distribution
of gained benefits. Each person prefers a greater to a lesser share, as well as
a system of distribution that ensures the greater share to himself. These
distributive systems can have very different bases to each person equally,
or to each according to his need, effort, contribution or competence.
Most modern economic systems make use of all five principles: equality, need,
effort, contribution and competence. For instance, public education is, theoretically
speaking, distributed equally, welfare payments on the basis of need, sales
commissions on effort, public honours on contribution, and managerial salaries
on competence.
What are the problems with distributive justice? It is entirely dependent upon
the acceptance of the proposition that social cooperation provides the basis for
all economic and social benefits. Individual effort is downplayed, if not ignored.
Personal liberty can be expanded from a market system for the exchange of
holdings to an ethical system for the evaluation of behaviour. Individuals
must be allowed to make informed choices among alternative courses of action
leading towards their own welfare. These choices would be considered just,
right or proper as long as the same opportunities for informed choices are
extended to others. Justice depends upon equal opportunities for choice and
exchange, not upon equal allocations of wealth and income.
SELF-CHECK 1.2
EXERCISE 1.1
We have looked at all the major systems, now, let us shift our attention to the
following two significant ethical perspectives:
Rights Explanation
Free consent People have the right to be treated only as they knowingly and
willingly want to be treated.
Privacy People have the right to do what they want in their private lives, and
they have the right to reveal the extent of their private activities.
Freedom of People have the right to refuse to do what violates their moral beliefs
conscience as these beliefs reflect commonly accepted norms.
Fairness If people believe their rights are being violated, they have the right to
a fair and impartial hearing.
Under this view of ethics, the morally correct action is the one that minimises
violations of these rights. To resolve an ethical dilemma from this viewpoint,
one would have to consider which stakeholders are affected by the action and
to what extent their rights may be violated.
ACTIVITY 1.3
EXERCISE 1.2
ACTIVITY 1.4
Here are some key points of the good and bad consequences to be
weighed:
(c) The acquiring company may find itself with a company that is
not financially viable and may incur severe losses as a result.
By applying any relevant ethical theories that you have studied in this
topic, how would you go about evaluating and deciding on this case?
Discuss with your coursemates.
Some moralists hold that certain actions are wrong in themselves. Others
believe that no action can be judged immoral in itself since circumstances
and social conditions play the decisive role in determining whether or
not a given action is right or wrong.
Distributive justice is based upon the primacy of a single value (justice) rather
than a single principle. Belief in the primacy of justice will lead us to make
decisions and take actions that are expected to result in compensating
benefits for all, especially the least advantaged members of our society.
Personal liberty is also based upon the primacy of a single value (liberty) rather
than a single principle. Belief in the primacy of liberty will lead us to make
decisions and take actions that will result in greater happiness and increased
benefits for all.
Eternal law refers to moral standards that are revealed in scripture or nature
to religious leaders or human philosophers. The belief is that law is
unchanging and valid for all times.
INTRODUCTION
In this topic, we will discuss the concept of stakeholders. We will also touch on
the concept of stakeholder management and the management of stakeholder
relationships.
„Individuals or groups who can affect or are affected by the actions, decisions,
policies, practices or goals of an organisation‰.
(Freeman, 1984)
Let us now look at Table 2.1 which shows examples of an organisationÊs market
and non-market stakeholders.
Customers Media
Competitors Government
SELF-CHECK 2.1
(ii) Providing a safe and healthy work environment for its employees; and
ACTIVITY 2.1
(a) Descriptive;
(c) Instrumental.
EXERCISE 2.1
EXERCISE 2.2
For example, a company like Amazon or Dell which sells its products directly to
its customers would not have retailers or distributors. However, distributors
would be an important stakeholder for a company like Nestle which sells its
products mainly through supermarkets and sundry shops.
Stakeholders may have these types of symbolic power over the organisation:
„Stakeholders can have utilitarian power when they have the power to
control the organisationÊs resources such as financial or material
resources‰.
(Thorne et al., 2008)
ACTIVITY 2.2
(b) Criticality
This refers to the importance of a claim or relationship to a stakeholder.
SELF-CHECK 2.2
Responsibilities Explanation
Ethical Do what is right, fair and just. Assert ethical leadership in the
organisation. Operate the minimum legal requirement.
ACTIVITY 2.3
Imagine that you have your own firm. Explain your organisationÊs
responsibilities towards its stakeholders. Provide some examples to
support your explanation. Share your answer with your coursemates
in myINSPIRE.
(a) Integrate Stakeholder Management into the FirmÊs Philosophy, Values and
Vision
Identify your organisationÊs missions, values and norms. Specify which
stakeholder groups and issues are relevant to your organisation.
EXERCISE 2.3
The strategic steps that can lead organisations to manage their stakeholder
relationships successfully are as follows:
INTRODUCTION
In this topic, we shall examine various ways through which organisations
attempt to strike a balance between economic and social performances when
faced with an ethical dilemma.
Subtopics 3.2.1ă3.2.5 are derived from the book, The Ethics of Management,
by LaRue Tone Hosmer (1991).
So, let us look at the remaining four characteristics of ethical problems which
play a significant role in the management of an organisation.
For example, some would assume that these would be the questions dealt with
in an organisation:
However, the above questions do not reveal the real situation faced in a business
organisation. Although a dichotomous framework presents the ethical issues
in sharp contrast, it does not accurately reflect the managerial dilemma as
shown in Figure 3.3. Therefore, multiple alternatives have to be considered in
making ethical choices.
(a) Pay an indirect bribe but maintain the sales volume of imported goods
through prompt delivery.
(b) Cause air or water pollution but avoid the costs of installing and operating
pollution-control equipment.
(c) Design a slightly unsafe product but reduce the material and labour costs
of manufacture.
Like the dichotomous framework, the antithetical model for outcome evaluation
presents ethical issues in sharp focus but it does not accurately portray the
managerial dilemma. Social benefits and costs as well as financial revenues
and expenses are associated with almost all the alternatives in ethical choices.
ACTIVITY 3.1
How do you deal with this situation using the ethical choice of
multiple alternatives? Discuss with your coursemates.
(a) Pay the bribe, and receive the imported goods promptly.
(c) Produce an absolutely safe product at an additional cost of Z dollars per unit.
A deterministic model, that is, one without probabilities, simplifies the process
of analysis but it does not accurately describe the managerial dilemma. It is not
clear what consequences would follow from the alternatives considered to avoid
paying indirect bribes to customs officials. Neither is it clear what consequences
will follow from most ethical choices.
(a) Maintain the dollar sales of imported goods at expected levels, and despite
slightly increased expenses for indirect bribes, the quarterly review will be
pleasant and remunerative.
You have just read the characteristics of ethical problems in management. Before
we proceed to the next subtopic, attempt the exercise below to enhance your
understanding.
EXERCISE 3.1
Most frequent flyers travel on business, yet the benefits are given to the
traveller who decides which airline to use, not to the company that generates
the volume of traffic and pays for the tickets. The cost of these benefits is
borne by the non-business traveller, who generally flies much less often.
(ii) Shifting employee tasks to reduce the number of worker positions; and
(Source: https://www.legalmatch.com)
Ethical decisions are not simple choices between right and wrong. They are
complex judgments on the balance between the economic and social performances
of an organisation. There has to be a balance between economic and social
performances. How do we reach this balance? We can create the balance through
these three relevant methods of analysis which resolve ethical dilemmas in
management (Figure 3.4).
By using the example of workforce reductions and plant closures, let us see how
the three methods are applied to create a balance between economic and social
performances as shown in Table 3.1.
Methods Explanation
Economic We can look at many ethical problems from the viewpoint of the
Analysis microeconomic approach; relying on impersonal market forces to make
the decision between economic and social performances. It is utterly
unpleasant for workers to lose their jobs when workforce reductions
and plant closures happen. Yet, there is a labour market, and these
workers will be employed again, provided they are willing to adjust
their wage demands to market conditions.
Legal We can also look at ethical problems through the framework of a legal
Analysis approach; relying on impersonal social forces to decide between right
and wrong. Workforce reductions and plant closures are unpleasant
but society has never felt they are so harmful to the people involved
that a law prohibiting them is necessary. Should they become a major
problem, a law can be passed to deal with the situation.
Ethical Lastly, it is possible for us to look at ethical problems using the structure
Analysis of normative philosophy; relying on basic principles to decide between
right and wrong. We can compute the greatest good for the greatest
number and decide on that basis when workforce reductions and plant
closures happen.
The underlying belief is that if all the rational men and women in a
society acted on the same principles of beneficiency or consistency,
members of that society would be treated as fairly as possible.
The above three methods of analysis have been proposed to resolve ethical
dilemmas in management. Now, try applying what you have learnt in this
subtopic by answering the following questions.
EXERCISE 3.2
In expounding the major aspects of ethical thought in Islam, two possible methods
are used:
(b) An analytical or schematic method which deals with major ethical themes
vertically.
Due to these tenets, Islam is deemed universal and timeless. So, it applies to all
people in all places. In the Islamic worldview, Islam is not a new religion but
the continuation of divine revelations to Prophet Ibrahim until Prophet
Muhammad, who was the last prophet assigned to human beings. The QurÊan
explicitly states that Islam is the continuation and conclusion of the CreatorÊs
religion given to humankind.
3.5.2 Shariah
Before we move on to discuss the ethical aspects of Islam, let us look at what
shariah means.
Shariah is the law of Islam based on the QurÊan. Probably the most encompassing
and universal ethical prescription of the shariah is contained in one of the
verses of the QurÊan which requires a Muslim, at all times and in all circumstances,
to act in what can be translated from Arabic as a decent and benevolent way,
and to refrain from wrongdoing.
„Do not harm others and deal with others as one would wish to have others
deal with oneself‰.
The basic message of the Creator is found in all His religious revelations to
humankind as shown below:
„None of you is a believer until he desires for his brother that which
he desires for himself.‰
„Hurt not others in ways that you yourself would find hurtful.‰
„What is hateful to you, do not do to your fellow man. That is the entire
law; all the rest is commentary.‰
Beyond this fundamental teaching which is shared with other great ethical
traditions, the Shariah regulates almost every aspect of relationships, ranging
from that which is between the Creator and humankind, to intimate matters
of interpersonal relations. As the Shariah is a comprehensive legal system, rules
of interpretation achieve a prominent position, and techniques of legal
interpretation based on the different schools of jurisprudence are outstanding.
A variety of contrasting positions and schools of thought have developed
among Muslims over the centuries.
Renowned for their tradition of trade and commerce, Arabs who became
Muslims continued that tradition. It was due to their superiority in navigation,
shipbuilding, astronomy and scientific measuring devices that Arab and
Muslim trade and commerce developed and spread across the world.
Furthermore, the Muslim world, during its first few centuries, was at the
crossroads of ancient trade routes from the Mediterranean, the Arabian Gulf,
East Africa, the Indian subcontinent and all the way to China. Due to this
trading link, a significant number of Arab words relating to trade and commerce
have found their way into Western languages. However, Muslim traders could
not have grown their faith and trade if it were not for their strong attachment
to what we now know as business ethics.
The shariah recognises the right to private property but retains the communityÊs
right to what may be termed as eminent domain or collective interests. In fact,
one of the important ethical considerations in property is that its use is permissible
but abuse and waste are forbidden.
In a hadith, the prophet said that nine-tenths of all GodÊs bounty, which includes
income, is derived from commerce. To a large extent, this explains the drive of
Muslims over the centuries to meet their economic needs through commerce and
to consider profits as not only legitimate but a desirable way of engaging in any
kind of industry. Making profits is very much a part of the activities of Muslims,
provided the profits are obtained in a permissible way. However, profits cannot
overshadow the duties of brotherhood, solidarity and charity. They are, of course,
subject to zakat, which is a tax imposed upon Muslims.
The shariah divides rules of conduct between halal and haram, meaning
essentially that which is permissible and that which is not. The distinction between
halal and haram applies to legitimate and illegitimate. Illegitimate profits are
exemplified by riba, which is to a large extent the equivalent of usury. However,
it also has come to mean the collection of a predetermined fixed amount of interest.
A Muslim is allowed to earn profit only from his work or, if his capital is involved,
whenever he shares the risk of loss. Consequently, gambling is prohibited, as it is
a sin to profit from the need or misery of others.
„It is not righteousness that you turn your faces towards East or West; but it is
righteousness to believe in God and the Last Day, and the Angels and the Book,
and the Messengers; to spend of your substance, out of love for Him, for your
kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the
ransom of slaves; to be steadfast in prayer, and practise regular charity; to fulfil
the contracts which you have made.‰
A contract is the most important bond that exists between Muslims, as well as
between Muslims and non-Muslims as shown in the following hadith:
„The buyer and the seller have the option (of cancelling the contract), as long
as they have not separated; then, if they both speak the truth and make it
manifest, their transaction shall be blessed, but if they conceal and tell lies,
the blessing of their transaction shall be obliterated.‰
Meaning: Any defect in the thing sold must be made obvious. In the case
of defects being hidden, the contract or agreement made will be void.
Source: http://aaiil.org/text/had/manhad/ch22had.shtml
„The most truthful, honest merchant is with the prophet and the truthful ones
and the martyrs.‰
Thus, the fulfilment of obligations in good faith and in accordance with principles
of business ethics is not only required but inseparable from the general obligation
of piety. Fulfilment of obligations also includes the notion of rectitude, which
includes not taking undue advantage of other people. Fairness is deemed both a
means and an end, irrespective of practical realities. Honesty is not only a virtue
but an expected trait for every Muslim.
3.5.6 Conclusion
Those qualities and characteristics mentioned above are particularly significant
because Prophet Muhammad was a merchant whose life is an example to follow.
Fifteen centuries ago, Islam brought about a spiritual, social and legal revolution.
Its potential for effecting progress in a positive way remains unchanged. This is
essentially the belief of enlightened liberal Muslims who do not have a regressive
view of religion and history. Indeed, at the height of its civilisation, between the
seventh and twelfth centuries, Islam was neither repressive nor regressive. On the
contrary, it was a progressive, humanistic and legalistic force for reform and
justice.
EXERCISE 3.3
There are three forms of analysis that can assist us in reaching a proper
balance between economic and social performances. These are:
The main guiding principles in Islamic ethical issues are found in the shariah.
INTRODUCTION
What is an ethical dilemma? Have you ever encountered a situation where
you need to make a choice between two very difficult options? Figure 4.1 shows
an example of a moral or an ethical dilemma. A psychiatrist recognises that
his patient needs rest. However, he is concerned that the longer his patient sleeps,
the more the patient will need to pay for his counselling session.
This topic focuses on issues related to the law as a guide to managerial decisions
and actions when one is confronted with an ethical dilemma.
We would fall back on these rules (law) when faced with a conflict between
an organisationÊs economic performance and social performance. We should
let the law decide, particularly in a democratic society, where the argument
can easily be made that the rules within the law represent the collective
judgments made by members of the society. We should follow these collective
judgments, instead of trying to establish our own moral opinions. There are
numerous examples of laws that reflect collective moral judgments (see Figure 4.2).
Example:
Halim is a bank officer who has to decide whether to:
(a) Make a high-risk loan to a small, local company with the return interest rate
limited by law; or
(b) Provide an equivalent loan to a larger, distant corporation at much lower risk
but equal return, doubtless a higher return, if the lower administrative
costs of loaning to large, well-financed corporations are included in the
calculation.
ACTIVITY 4.1
If you were Halim, how would you decide which way to proceed if
you really want to adopt the legal argument? Share your thoughts in
the myINSPIRE forum.
Let us say that, in this case, society has determined that excessive interest
charges are more harmful than limited local support and that consequently
the loan should be given to the larger, distant firm. Should we object to this?
Suppose we believe it is necessary for the good of our society, that the formation
of small, entrepreneurial companies be encouraged. It is often said that:
(b) If we cannot get the law approved through democratic processes, then
we should accept the situation as it is.
The assumption here is that we should rely on the law in making decisions
and agree that a given act is right if legal and wrong if illegal, with the
understanding that this determination of right and wrong can be changed to
reflect the view of the majority.
In the example given above (of the bank which refuses to advance funds to a
high-risk company in the local community), it would be fairly easy to design
corrective legislation. Each bank within the state, or within the nation, may be
forced by law to invest a certain percentage of its funds within the communities
from which it draws those funds from depositors.
(a) The local community is in an area of high unemployment where new jobs
are badly needed, and the proposed company is in a labour-intensive,
high-growth industry which requires a large workforce;
(c) The product of the proposed local company is a much needed health-care
item which would reduce the pain and suffering of elderly patients
throughout the country while the product of the alternative investment
is a line of high-calorie packaged foods with low nutritional value; and
(d) The usual funds available through the small business administration for
small companies have been sharply reduced in recent years. In addition,
no governmental guarantee or interest subsidy is available to the smaller
company.
How would the banker decide when faced with this kind of dilemma? If he
replies to the owners of the small company that he would very much like to help,
he will face the following:
(a) The law prevents an adequate return to compensate for the risk;
(c) Bank officers are required by the legal system to minimise risks for their
depositors.
ACTIVITY 4.2
„The law can be used as a guide for managerial decisions and actions
when faced with an ethical dilemma.‰
Using your own example, how would you attempt to strike a balance
between the economic and social performances of an organisation?
Share your thoughts with your coursemates in myINSPIRE.
„If we want to go beyond the basic rules of law in our own decisions and
actions, we can do so. However, we cannot go beyond the law, for then we are
adhering to moral standards which are not complying with the majority of
the population. We live in a democratic society. Hence, if we do not like
something that we are doing, we need to get the majority of voters to pass a
law restricting these actions. However, until then we have to comply with
majority of the population.‰
(a) First, define the law to ensure that we are discussing the same set of
concepts; and
(b) Second, examine the processes involved in the formulation of the law.
The law can be defined as a consistent set of universal rules that are widely
published, generally accepted and usually enforced.
There are certain ways in which people are required to act in their relationships
with others within a society. They are required to act in a certain way, not just
expected, suggested or petitioned to act in that way. There is an element
of persistence about the law, which defines what we must do. Figure 4.3 shows
five characteristics of law.
Characteristics Explanation
Published The requirements to act or not act must be published and put
in print so that they are accessible to everyone within the society.
No doubt that not everyone has the time to read up or understand
everything that is published. However, trained professionals
such as attorneys are available to interpret and explain the law.
Hence, ignorance of the law is not a valid excuse.
Accepted The requirements to act or not act in a given way must be obeyed.
If most members of the society do not voluntarily follow the law,
they would have to be compelled to do so.
The adversary relationships of the trial court often seem to ignore the provisions
of consistency and universality, and focus instead on winning rather than
justice. The enforcement actions of the police also often seem arbitrary and to
concentrate on keeping the peace rather than maintaining equity. Let us admit
that:
(b) Interpreting the law, as in court cases, often involves the award of large
amounts of money. The potential gain or loss of these funds has distorted
the concept of the law as a set of published and accepted regulations.
SELF-CHECK 4.1
Conclusion 1
However, the area of overlap is not complete. There are some laws that are
morally unresponsive, with no ethical content whatsoever. For example,
the requirement that we drive on the left-hand side of the road is neither
right nor wrong; it is just important that we all agree on which side to drive.
Finally, there are some moral standards that have no legal standing at all.
We all object to lying as it goes against our moral standards. However,
truthfulness is not required by law except in court and under oath, and in a
few other specific instances, such as employment contracts and property sales.
Conclusion 2
For example, there is no law insisting that we must aid a drowning child.
Here, we do have a situation where the moral standards of the majority can be
inferred as most of the adult population in any country would go to the aid
of a drowning child, to the limits of their ability.
Conclusion 3
The requirements of the law tend to lag behind the apparent moral standards
of society. Slavery, of course, is the most unpleasant example. However,
sexual and racial discrimination, environmental pollution and bribery in
foreign countries can all be cited as moral problems that were slowly
remedied by legislation.
Advocates of the rule of law would say, however, that the evidence of a delay
between apparent moral consensus and enacted legal sanctions does not
necessarily indicate a lack of relationship between legal requirements and
moral standards. It only serves to confirm that relationship, they would claim,
for laws controlling discrimination, pollution and bribery were eventually
passed.
SELF-CHECK 4.2
EXERCISE 4.1
1. Define law.
The question is whether these changes in law can be attributed to changes in the
moral standards of the majority of our population through social and political
processes, and consequently, whether the law represents the collective moral
standards of our society. The social and political processes by which the
changing moral standards of individual human beings are alleged to become
institutionalised into the formal legal framework of society is lengthy and
complex, but a simplified version is shown in Figure 4.6.
Each individual has a set of norms, beliefs and values which collectively forms
his or her moral standards as shown in Table 4.3.
Moral
Explanation
Standards
Norms Norms are criteria of behaviour. They are the ways in which an
individual expects everyone to act when faced with a given situation.
Beliefs Beliefs are criteria of thought. Beliefs are different from norms in that
they involve no action (no apparent behaviour towards others), but
an abstract way of thinking that tends to support an individualÊs
norms. They are the ways an individual expects people to think
about given concepts.
Values Values are the rankings or priorities that a person gives to his or her
norms and beliefs. Most people do not consider all their norms and
beliefs to be of equal importance. Generally, some are more important
than others. The important norms and beliefs are the ones that a
person values or holds in high esteem.
Did you know that values are often controversial? Do you know why? It is
because a norm or belief that one person holds in high esteem can conflict with
a different norm or belief that another person holds in equally high esteem.
Generally, there will be little tolerance or compromise, as each person attaches
great importance to his criteria of:
SELF-CHECK 4.3
(a) Norms;
(c) Values.
The interwoven nature of the context, within which individual choices of norms,
beliefs and values are made, ensures that all the mentioned factors interact with
one another. As can be seen in Figure 4.8, technological changes in communication
bring political changes in governance. The political changes cause economic
changes in spending and taxation patterns, which eventually result in cultural
changes in personal lifestyle.
People with similar norms, beliefs and values tend to become associated in
small groups. It is just natural to join others who have parallel views. These small
groups generally are part of much larger organisations such as:
Problems of
Explanation
Moral Standards
The moral standards of an People with similar norms, beliefs and values tend
individual may be diluted to become associated in small groups. However,
in small groups. their standards are not always precisely similar;
compromises have to be made.
The moral standards of Many organisations share norms, beliefs and values.
members of society may However, there is no evidence that each individual
be misrepresented in the and group within the organisation has equal influence
consensus of large in determining that consensus.
organisations.
This can be seen in the norms, beliefs and values of
many non-profit organisations such as hospitals and
universities, where the standards of the professional
personnel (the physicians and the faculty) often
prevail.
The moral standards of This is the same point made above in shaping the
members of a society may consensus of an organisation, though on a larger scale.
be misrepresented in the
formulation of laws. There is no guarantee that all organisations have
equal influence, or even equal influence weighted
by size, in determining the law.
EXERCISE 4.2
There are four chain processes in the formation of the law ă individual
processes, group processes, social processes and political processes.
INTRODUCTION
What do you think after reading the comic strip in Figure 5.1? Do you feel the
act of asking money or bribes is equivalent to breaching the ethical codes laid
out in an organisation?
We can assume that the senior executives of most business firms want their
staff members to act in ways that they would consider right, proper and just.
We can also be reasonably certain that they want them to act in ways that will
not offend the majority of the population, and not attract adverse publicity
from the nationÊs media.
Yet, this unethical behaviour happens ever so often. Why do they occur and
what can be done to prevent them? In this topic, we will examine several ways
of preventing unethical behaviour and discuss the causes and solutions of
unethical behaviour.
In the following subtopics, we will look at each approach and see how it improves
an organisationÊs ethical environment.
Ethical codes are statements about the norms and beliefs of an organisation.
These norms and beliefs are generally proposed, discussed and defined by the
senior executives in the firm before being published and distributed to all its
members. Now, let us look at Table 5.1 for an explanation of norms and beliefs
in relation to ethical codes of an organisation.
Do you think ethical codes work? Are they helpful in conveying to all
employees the moral standards selected by the board of directors and president?
The answer is, not really.
The problem is that it is not possible to state clearly and explicitly the norms and
beliefs of an organisation relative to the various constituent groups (employees,
customers, suppliers, distributors, stockholders and the general public) without
offending at least one of these groups. For example, it is not possible for a
company to say that it considers its employees more important to the success
of the firm than its stockholders. By saying that, the company sends the message
that profits and dividends come second, which goes against the goal of many
business organisations.
The basic difficulty with codes of ethics is that they do not establish priorities
between norms and beliefs. Priorities are the true values of a firm. For example,
let us say that one division in a firm is faced with declining sales and profits.
Thus, the firm would be faced with the question of whether it should reduce its
middle management employment and cut its overhead costs (the classic
downsizing decision). The code of ethics says, in one section, that we respect
our employees; while in another section, that we expect fair profits. How then do
we decide on the best course of action? What is fair in this instance? The code of
ethics does not provide us the answer.
ACTIVITY 5.1
The term „ombudsman‰ originated from the Swedish language and it means
the following:
Does the position of ombudsman work? Actually, it does not. The problem is
that the person reporting the incident is not truly „not implicated in any way.‰
We can assume that ombudsmen are generally discreet in talking to an offender.
However, the source of information for the ombudsman (the originator of the
complaint) is usually clear. It has to be a person within the organisation who has
information about the practice and the moral scruples to report it. He is generally
someone who has spoken to the offender about the practice within the past
30 days. The ombudsman does not have to be concerned about retribution but
his informer generally does.
ACTIVITY 5.2
SELF-CHECK 5.1
Most large companies today are diversified, with numerous divisions. Each
division normally consists of a given product line, market segment and production
process. Divisionalised structures of this type are generally decentralised ă
authority for product, market and process changes are allocated to divisional
managers, who are then held responsible for economic performance.
There are two major problems with the divisionalised and decentralised type of
organisational structure:
Before moving to the next subtopic, attempt the exercise shown below.
EXERCISE 5.1
4. Passing the buck (when you don't get your work done) 67%
Source: https://www.tu.no
What do you think will happen if the conflict is not specifically addressed
and resolved by senior executives within the firm? If it is not resolved properly
by the senior executives within the firm, the natural tendency of middle-level
and operating-level managers will tend to favour the economic performance of
the organisation. This is so as under the current managerial systems, their
performance is measured by economic criteria and their future is dependent
upon economic results.
ACTIVITY 5.3
If you are a corporate executive, how would you answer these difficult ethical
questions?
(a) „One of our major clients insists upon putting inaccurate statements
in their advertisements. Should we maintain that client?‰
(b) „We can reduce our costs by replacing the wholesale distributors
who helped us in building the market. Should we start direct factory-
to-store shipments?‰
(a) Character
The character to face issues which have adverse social impacts associated
with each of the alternatives.
(b) Courage
The courage to thoughtfully evaluate each of these alternatives following
economic, legal and moral forms of reasoning.
It also entails having the character to recognise that personal costs may be
associated with the choice and courage to bear those costs. However, others may
disagree with this decision because of the following differences:
SELF-CHECK 5.2
EXERCISE 5.2
Ethical codes are lists of statements containing the norms and beliefs of an
organisation published and distributed to all members of the firm.
The solution for unethical behaviour is placing less emphasis on the financial
measures of performance and more on numerical measures.
INTRODUCTION
After comprehending the principles of ethics on an individual level, let us
now focus on organisational best practices from the stakeholder perspective.
One of the most talked about corporate best practices is corporate social
responsibility (CSR). Do you know what CSR stands for? Take a look at
Figure 6.1 to get a clearer understanding of the term.
As can be seen in Figure 6.1, CSR revolves around four main areas of
responsibility ă economic, legal, ethical and philanthropy.
In this topic, we will look into the following aspects related to social responsibility
ă historical views, organisational approaches, influences of government and
organisations to each other, management and social audit.
Practices of Early
Explanation
Entrepreneurs
Source: http://www.britannica.com
Source: http://www.globecon.org
Source: http://www.wisegeek.com
Source: http://www.Investopedia.com
Eventually, outcries from public officials and other leaders forced the federal
government to step in and pass laws that outlawed some undesirable business
practices and restricted others. These laws were significant in that they
acknowledged the relationship among business, government and society. This
also indicated for the first time that business had a role to play in society
beyond the pure maximisation of profit.
Let us look below to learn more about the New Deal Programme brought forward
by the 32nd President of the United States of America, Franklin D. Roosevelt.
The New Deal was a series of social, economic and governmental reforms
initiated by Franklin. It focused on providing relief to unemployed Americans
and the troubled manufacturing sector while promoting economic recovery and
reforming the American finance system to prevent the recurrence of the
Depression Era. At that time, the New Deal was met with huge amounts of
criticism from some quarters and massive praise from others. In retrospect,
the New Deal was a major event in American history as it shaped the landscape
and attitudes of Americans.
Source: http://www.wisegeek.com
The growing trend towards social responsibility raised two important questions:
ACTIVITY 6.1
The interests of people who own and invest in an organisation are affected
by virtually anything the firm does. If the firmÊs manager is caught
committing criminal acts or violating acceptable ethical standards, the
resulting bad press and public outcry are likely to hurt the organisationÊs
profits, stock prices and so forth. Organisations that are socially responsible
in their dealings with employees treat workers fairly, make them a part of
the team, and respect their dignity and basic human needs.
Figure 6.7 shows the raw sewage overflow which can contaminate the river
and endanger the livelihood of the organisms living there. This act of
disposing waste material is strictly prohibited by the law.
Figure 6.8 shows the cause and effect of global warming which is threatening
the livelihood of organisms living on Earth. Global warming is mainly
caused by the emission of factory fumes which contain a high percentage
of carbon dioxide. The heat released into the atmosphere makes the ice cap
thin and easy to melt. This makes the Earth prone to danger if left unresolved.
For example, companies may follow these practices to comply with their
responsibility towards the natural environment:
(ii) Support for museums, symphonies, public radio and television; and
SELF-CHECK 6.1
ACTIVITY 6.2
Organisational
Explanation
Approaches
Social This approach has the highest degree of social responsibility. This
Contribution approach goes far beyond minimal requirements and involves
proactively seeking opportunities to contribute to society. Firms
that adopt this approach take to heart the arguments in favour of
social responsibility. They view themselves as citizens in a society.
OrganisationsÊ
Explanation
Methods
Personal Many corporate executives and political leaders are in the same
Contacts social circles. Thus, personal contacts and networks offer one method
of influence. A business executive may be able to contact a politician
directly and present his case regarding a piece of legislation being
considered.
Political Action PACs are special organisations created to solicit and then distribute
money to political candidates, because companies cannot legally
Committees
make direct donations to political campaigns. Employees of a firm
(PACs) may be encouraged to make donations to a particular PAC as
managers know that the PAC supports candidates with political
views similar to their own. The PAC, in turn, makes the contribution
itself, usually across the board to state and national candidates.
The formal approaches that organisations can use to manage social responsibility
are as shown in Table 6.5 below.
Formal
Explanation
Approaches
Informal
Explanation
Approaches
(f) Allow the company to assess its impact on the environment, community
and society.
Ideally, the outcome of social audit is a social report. Corporate social reporting
is the reporting of corporationsÊ social performance; it is the reporting of what
a corporation has or has not achieved at the end of a financial year. At the
moment, there are no one formalised reporting standard available. However,
the Global Reporting Initiatives (GRI) introduced one of the most comprehensive
social reporting guidelines. You can refer to www.globalreporting.org to get more
information on GRI.
Stockholders and investors are able to make informed decisions as they judge
whether a corporation is achieving the goals it established and abiding by the
values it specified as important.
SELF-CHECK 6.2
EXERCISE 6.1
There are three different eras of social responsibility: social era, depression
era and entrepreneurial era.
Arguments which oppose social responsibility say that businesses lack the
expertise to manage social programmes, there is potential for conflict of
interest and the purpose of business is to generate profit for owners.
INTRODUCTION
Have you heard of corporate governance? What does it mean? Occasionally,
business organisations would use this term due to the importance placed on it.
In the following subtopics, we will look into these aspects to learn more about
corporate governance:
(a) Oversight
Oversight simply means check and balance. Hence, oversight allows
management decisions to be questioned and challenged, thereby reducing
the risk of mismanagement. For example, the practicality of investing
in a new project abroad can be questioned and top management has to
answer any issues raised related to the project. The main objective of
oversight is to minimise top managementÊs abuse of power.
(b) Accountability
Accountability means how the decisions taken by the management align
with the firmÊs stated strategic direction. In simple words, did the
management act based on their stated mission or vision? As promises are
made to the public, management has to be accountable to them or else
they will lose the publicÊs trust. For example, a corporation promises to
reduce its carbon emissions. The question raised will be: Did the corporation
commit or take any effort to fulfil its promises? If it did not, then the
accountability of the corporation is at stake due to its undelivered promises.
(c) Control
Control is a process of auditing and improving organisational decisions
and actions. Actual performance is compared with budget, standard and
goal. Ultimately, corporate governance aims to balance power, address
mistakes, reduce risks and avoid misconduct in order to achieve integrity.
SELF-CHECK 7.1
All discussions, decisions and actions are made based on these perspectives.
Therefore, the top management needs to be clear about the perspective of
corporate governance that they hold. From the shareholder perspective, the
spirit of practising good corporate governance is in the interest of shareholders.
Being the owners of companies, the purpose of corporate governance is in the
interest of shareholders. The rationale according to Friedman (1962, 1970) is that
shareholders are owners of the corporation. Therefore, the corporation should be
responsible and accountable to its shareholders.
For example, if shareholders are pleased with the top managementÊs decision
and action to clear a piece of land for development, the top management will
proceed with the process. All other stakeholdersÊ interests are of secondary
importance.
Consequently, loyal employees will leave the corporation and loyal customers
might discontinue purchasing and using the corporationÊs products or
services. This signifies the reflexive relationship between businesses and their
stakeholders.
ACTIVITY 7.1
When top management practises due care, it makes informed and prudent
decisions. These decisions range from merger, acquisition and investment to
divesting. Top management and board of directors are expected to be loyal. It is
only when they are loyal that all decisions are made in the interests of the
corporation and its stakeholders.
SELF-CHECK 7.2
Now, let us move on to the Code. First issued in 2000, it covers the following
three main areas:
(a) Directors
The Code covers director appointments, formality and transparency.
(b) Shareholders
The Code emphasises information for investment decisions and annual
general meetings.
The revised 2007 version of the Code mainly concentrates on strengthening the
Board of Directors and the audit committee. It focuses on the eligibility criteria of
board members on ensuring the effectiveness of the boards in carrying out its
responsibility. For further information on the revised 2007 version of the Code,
you may refer to this website: http://www.sc.com.my/eng/html/cg/cg2007.pdf.
However, it is worth noting that compliance with the Code is not mandatory.
Compliance is not regulated so as to reduce the tick-the-box exercise.
The flexibility is to promote self-regulation in responding to the marketÊs
best practices. Under Listing Requirements of Bursa Malaysia, companies
have to include a narrative account of how they have applied the principles
and best practices set out in the Code. In other words, a corporation has to
disclose how it has complied with the Code. Failure to do so will result in the
corporation having to provide a narrative explanation of the reasons. The goal is
to give investors information of the corporationsÊ performance, both financially
and its governance, in which they can make informed and sound decisions.
EXERCISE 7.1
ACTIVITY 7.2
ACTIVITY 7.3
EXERCISE 7.2
Discuss the aspects that management should look into in order to have
good corporate governance.
Stakeholder perspective.
INTRODUCTION
Have you ever heard of the term „economic system‰? An economic system is an
ongoing process where people exchange material goods and personal services in
support of a wide range of human interests.
In this topic, we will look into these components: economic system, employment
and wages, ranking and rating, and ethical implications for performance appraisal.
Resources are given generously in nature; no one has a sole title to any of
them. The needs, ability and willingness of individuals to expend their
efforts dictate how the products of resources are generated and distributed.
Thus, it is not morally required that everyone has the same or equal share of
resources. What is required is that all human beings have equal opportunity to
access and use the available resources and that each person has the right to a
minimum share of the resources.
(c) Fair share of resources for everyone, so no single group of people in the
system has a disproportionate share.
The society in which the economic system operates has an obligation to use its
government and social agencies to reallocate resources whenever they are unjustly
distributed among its members.
Did you know that how well employees are paid usually depends on how well
they are rated by their employers? All employees are subject to a formal or
informal appraisal process. Large companies customarily establish ranking
and rating systems that compare employees in a business unit and award merit
pay treatment to those judged to be doing better jobs and contributing more to
the organisation.
SELF-CHECK 8.1
Good managers will attract capable people into the business, keep their turnover
low, secure their loyalty to the company and its objectives, and maintain and
increase their productivity level wherever possible.
A business that wants to keep good employees has to offer competitive salaries
along with health insurance coverage, savings and pension plans as part of its
basic wage package. To motivate and satisfy employees, managers also need
to do the following (as illustrated in Figure 8.2):
(d) Provide opportunities for them to move to higher paying positions with
more responsibilities; and
(d) Wages;
SELF-CHECK 8.2
List the factors that indicate good management. Discuss each factor
briefly.
Figure 8.3 clearly illustrates the effects of the shutting down, relocation and
downsizing of American plants and industries.
Some might argue that the people involved in the shutdowns, relocations and
forced reductions also suffered a violation of their legal right to employment.
However, the question is whether such a moral right can be shown to exist and
exactly against whom it may be asserted.
All of us are born into some kind of economic system which may range from the
relatively simple practices of primitive tribes to complex transactions in highly
industrialised, technology-oriented societies. Most of us, who are in highly
industrialised countries, get our access to material resources by way of a job or
work, instead of farming or hunting.
As argued earlier, every human being has a moral right to acquire and use some
share of material resources to ensure they live at a decent level of physical and
psychological well-being. It seems to follow that if most people are subject
to an economic system in which a job is the means to obtain resources, then they
have a moral right to the job; the economic system owes them employment.
In a capitalistic economic system, like in the United States, the private sector
provides most of the job opportunities. Hence, the responsibility of actualising
the moral right to employment falls on the private sector employers.
In relation to the above sentence, how will you answer the following question?
The answer is „No‰. The society highlighted in the question has adopted an
economic system whose very nature requires extensive freedom in its commercial
enterprises in order to generate a maximum level of material prosperity for its
members.
(a) To hire and keep on the payroll those employees who are needed in order
to meet the demands of a particular business; and
It also seems to include taking on only those people whose education, skills and
personality traits are judged as best-suited to the operations the business
engages in. One of the assumptions being made here is that the option to live under
the capitalistic system can be shown to be freely chosen by the members of a
society, either through some direct democratic process or indirect social contract.
In other words, by continuing to live under the system without political protest,
they indirectly indicate their preference for it. Given this assumption, the freedom
of employers to hire and retain employees as they see fit means that no member
of the society in which they operate has a moral claim to any specific job offered
in the private sector.
(b) Utilitarian
The utilitarian would come to the same conclusion adopted by the natural
law moralist, although his judgment would be dependent upon the overall
consequences of these practices.
Let us look at the viewpoints of ethical theorists in relation to the above question:
(b) Utilitarian
The utilitarian, on the other hand, would likely weigh the consequences for
the agencies concerned such as the possibility of losing clients by refusing to
cooperate in anti-discriminatory practices. He would also attempt to
determine whether a better state of affairs would result from compliance.
Affirmative action may range all the way from setting specific numbers of
minorities to be moved into positions over a given period. The proportion
of the positions they hold begins to approach their numerical distribution
in the general population, to establishing the overall principle that
employment and promotion opportunities are open to all, regardless of
gender, race, religion, age or disability.
It is very likely that both natural law and utilitarian moralists would agree that
everyone should have equal opportunity to compete for any job he or she is
qualified to do and would endorse this sense of affirmative action. Meanwhile,
cultural relativists would fall back on societyÊs customary practices and would
agree with the idea of equal opportunity.
(b) Select people solely on the basis of qualifications for a position unless a
persuasive case can be made for instituting otherwise; and
Figure 8.4 shows clearly the distinction between affirmative action and
preferential treatment.
8.2.4 Wages
When it comes to wages, employees usually ask the following questions:
(b) Are they entitled to a certain level of benefits in addition to basic wages?
(a) In larger industries, competitive salaries usually include basic wages and
bonuses plus assorted benefits like paid holidays, vacations, sick days,
medical and dental insurance, savings and pension plans.
(b) In smaller businesses, wages are very often simply what an enterprise can
afford to give; bonuses and benefits may or may not be part of the package.
In any case, since it is not possible to require a particular business to pay wages
higher than it can legitimately afford, what these people cannot earn towards
their minimally decent standard of living needs to come from the government
as a matter of distributive justice. That amount will be based on appropriate
economic statistics, such as what it takes to sustain a family of four.
ACTIVITY 8.1
Does social justice require that employees with dependents (with family members
that need to be taken care of) be paid more than people with no dependents
(single people) but who are doing the same amount of work?
(a) It is unlikely that such unequal treatment would ever be accepted in the
United States;
(b) Single people would surely argue that an employer only has to pay
the market wage for a particular job and is not in the business of caring
for social justice; and
(c) If distributive justice is at issue, then the obligation falls on the society.
Special welfare or family-subsidy programmes might be necessary and the
responsibility should be shared by everyone in the community on an
equitable basis.
Do you think that equal pay for comparable work is a requirement of justice?
The answer is no as the market is still the most efficient allocator of jobs. Even
though skill and knowledge requirements may look the same for many jobs,
other factors (e.g. long working hours, varying risk factors and physical
environment) also have to be considered.
ACTIVITY 8.2
What is your opinion on equal pay for equal work and equal pay for
comparable work? Discuss with your coursemates.
Managers and workers, then, have the right to a fair share of the returns in
proportion to their contribution to the enterpriseÊs success. Top managers usually
think they make the biggest contribution and, as a result, expect to receive the
biggest share of wages and bonuses paid by the enterprise.
Shareholders, of course, have the right to a fair share of their companiesÊ return.
They have first claim on the returns and the right to the largest share. The
shareholders, through their investment, are simply accessing resources and are
entitled to a fair share of the returns on the resources.
SELF-CHECK 8.3
All employees are subject to some kind of performance appraisal, whether formal
or informal. Let us see how appraisal works in small and large organisations:
ACTIVITY 8.3
The companyÊs appraisal plan which outlines the ground rules for preparing
performance evaluations constitutes a moral contract with employees because
it is a promise. It normally stipulates that how well an individual meets the
standards established in the plan will determine how much he or she will be paid.
A supervisor who fails to follow the appraisal plan acts unjustly towards his
subordinates who have a right to be assessed in line with their provisions and
standards.
Guidelines Explanation
Set the Subordinates need to have clear and concrete objectives set out for the
objectives appraisal period, and they need to provide their own input to these
objectives.
Get the Employees have the right to get feedback on their performance on a
feedback regular basis. It would be unfair to wait until the end of the appraisal
period to tell someone that he or she is performing poorly.
A subordinate whose performance is poor or unsatisfactory has to be
made aware of the fact. It would be unkind and unjust to let a person
think that he or she is doing a good job when that is not the case.
Have Only those who have good knowledge of what an employee is doing
essential should be allowed to rate his or her performance. Supervisors need to
information bring adequate anecdotal information on a subordinateÊs
on accomplishments and failures to ranking and rating sessions.
subordinate Employers who fail to make a respectable case for subordinates by
relying on half-remembered details from incidents occurring during
the appraisal period may cause their employees to lose out in the
competition for merit pay treatment with their co-workers whose
employers can support well on their performance.
EXERCISE 8.1
If managers want to hire and retain productive and loyal employees, they need
to offer competitive salaries and benefits, adequate training and feedback
on performance, opportunities for promotion, a fair way of remedying
injustices without fear of reprisal and safe working conditions.
Managers and their agents are obliged to follow fair hiring practices, and to
avoid discrimination against people on grounds of gender, race, age and
disabled status when those characteristics are irrelevant to the job.
INTRODUCTION
During an interview, the interviewer may request the job applicant to take a
drug test. Why do you think a drug test is necessary? What is the rationale
behind this request?
Look at Figure 9.1. Does a company have the right, in its own interest, to this
kind of information or is it an unwarranted intrusion on the employeesÊ privacy?
This is an issue which we will explore in this topic.
Since employees can be a potential source of these harms, managers often need
to investigate the personal history of their job applicants. Some companies use
pre-employment tests to get a reading on their employeesÊ level of honesty.
Polygraph tests, for example, were used in the past by many companies as a
pre-employment screening device but the practice is now illegal.
Figure 9.2 shows a man undergoing a polygraph test, which is used to determine
an individualÊs level of honesty.
Managers may want to monitor or even attempt to restrict the private life
activities of those on the payroll to ensure that they do not pose a threat to the
business. These questions arise:
ACTIVITY 9.1
Check with your human resource manager. Find out the extent to
which your employer can test employees. Compare your findings
with your coursemates.
Figure 9.3 shows the image taken by a closed-circuit television which enables
the employer to monitor employeesÊ movements.
ACTIVITY 9.2
ACTIVITY 9.3
The right to not have oneÊs privacy invaded is not absolute in the sense that
a person may never waive it. In the interest of showing a potential employer
that he or she is not a possible threat to the company, a job applicant may agree
to be tested for drugs.
(a) The tests are accurate; the applicant is permitted to provide evidence that
he or she is taking drugs with a legitimate medical prescription.
(b) The results of the tests remain confidential and will be made known only
to those who have a legitimate need to know.
(ii) It may also mean testing „after the fact‰, if an employee has been
involved in an accident that has harmed others or has caused
extensive property damage; and
(ii) Statistically valid evidence that the incidence of drug use among
the suspected employees is significant.
SELF-CHECK 9.1
Bosses may scold their subordinates for a number of reasons, usually due to
failure related to work. However, employees may even be threatened with loss
of job for failure such as:
Broadly speaking, privacy rights limit the manner in which personal information
from an individual can be collected, the steps that are to be taken to protect
against unauthorised use and disclosure of that information.
For the natural law moralist or any rights-based moralist, these instances are
evidence of employee abuse, of violations of human dignity and respect for
persons. Therefore, they are considered immoral. It is unlikely that a utilitarian
moralist would ever argue that these practices are morally justified and would
produce good results on the whole. As for a cultural relativist, it is unlikely that
social customs anywhere in the world would accept this kind of treatment at
the workplace.
SELF-CHECK 9.2
EXERCISE 9.1
An employee has the right to privacy and no one, not even the employer,
has the right to intrude into the employeeÊs privacy.
Companies need to know personal details such as the history and habits
of their employees to guard against fraud, theft and harmful acts that
employees might do.
Random testing for substance abuse may be morally justified if there is valid
suspicion and strong evidence that a significant number of employees may be
abusing alcohol or using illegal drugs.
INTRODUCTION
What do you see in Figure 10.1? It is a scene from a wedding ceremony;
the bridegroom and bride are rushing away to celebrate this wonderful occasion.
During the ceremony, the bridegroom and bride made marriage vows which
among others included the question of whether they would be loyal to each other.
Loyalty is vital for a happy marriage.
(b) Whistle-blowing;
(d) Avoid any conduct that is in conflict with the companyÊs rightful
interests.
Furthermore, doing oneÊs job includes understanding that the employee will keep
trade secrets, marketing plans, strategic decisions and personnel information
confidential. It also means that the employee will not share the confidential
information with outsiders, whether friends, family members or the media.
Any manager who violates the terms of the employment contract is subject to
disciplinary action by the company up to and including dismissal, as official
company documents frequently caution. A manager who discloses company
information to outsiders may even face a lawsuit by the company for damages.
Clearly, loyalty in this sense involves moral obligation.
Managers may not carry on activities that conflict with their companiesÊ interests,
unless directly permitted by the companies for good reasons. Furthermore,
managers should not provide off-hours consulting services to competitors,
nor attempt to patent inventions or sell technical processes they may have
developed largely from information derived directly from their employment or
by using company materials and facilities.
Future managers may ask the following questions in order to shed light on
matters related to loyalty:
ACTIVITY 10.1
SELF-CHECK 10.1
10.2 WHISTLE-BLOWING
Who is a whistle-blower? Read the explanation below to learn more about
whistle-blowers.
Figure 10.2 shows how a whistle-blower can have a very significant position
in an organisation.
You may consider it as a mark of loyalty to your company to blow the whistle
on your manager who is obviously doing an illegal action. However, is it
permissible for you to blow the whistle on this person who is a manager of the
firm where you are working?
The answer is yes, provided you observe caution, as outlined in Table 10.1.
Justification Explanation
Significant harm It should be evident that the harm to the company is significant.
Accurate facts The whistle-blower has to be sure of his facts. Wrongful accusation
may seriously damage the reputation of the accused, even if it is
proved later that the allegation is false.
Activity already The whistle-blower should try to find out whether the suspectÊs
known by the activity is already known by the higher management, perhaps as a
management result of audits or discreet investigations carried out by the
company security.
ACTIVITY 10.2
What actions would you take if you suspect disloyalty from a manager
in your company? Discuss with your coursemates.
Criteria of
Explanation
Justification
Internal report Effort must be made to report wrongful conduct internally first,
of wrongful through proper lines of organisation. The company concerned
conduct should have a chance to clean up its act before the whistle-blower
goes public.
Degree of The degree of harm that the company will suffer as a result of
harm whistle-blowing should be proportionate to the harm its wrongdoing
is causing.
The primary obligation for preventing and stopping wrongdoing lies with the
degree of supervision. The more responsibilities a manager has for company
operations, the stronger the obligation is. A manager would be obliged to
report wrongdoing to outsiders only if serious harm is at issue and it is
evident that appropriate levels of supervision are unable to stop it.
In the United States, government employees who blow the whistle are
protected by law against retaliation. The government appears to think that
whistle-blowers demonstrate a high degree of loyalty when they report
wrongdoing. In the private sector, however, whistle-blowers seem to be regarded
as little better than informers.
SELF-CHECK 10.2
EXERCISE 10.1
A subordinate has to carry out the legitimate orders of his supervisor and keep
him informed about the progress of his work or task. The subordinate may even
be obliged to tell the supervisor about actions of other persons or groups which
may adversely affect the operations of the boss. However, any wrongdoings by
his boss should not be ignored.
Now, find out how much you have understood from your reading by attempting
the following exercise.
EXERCISE 10.2
The obligation to blow the whistle internally depends on who has primary
responsibility for discovering and investigating an employeeÊs questionable
actions.
Loyalty Whistle-blowing
Whistle-blower
Answers
Exercise 1.1
1. Utilitarian theory refers to our perception of the net benefits and costs
associated with a given act. Utilitarianism differs from the economic concept
of cost/benefit analysis in that the distribution of the costs and benefits has
to be included as well. That is, these are net benefits to society, and each
individual within the society has to be considered and treated equally in the
distribution.
(b) Utilitarianism
Utilitarianism fails because of these factors:
(i) In reality, it is about two principles: the greatest good and the
greatest number. At some point in our decision-making on
important matters, these two principles come into conflict.
Then, we have no single means of determining what is the right
or proper act.
(ii) We can probably agree that there are some actions that are
simply wrong, despite great apparent net benefits for a huge
majority e.g. killing a child to bring happiness to the whole
human race. No one should ever have to accept that kind of
cruel act.
(c) Universalism
(ii) It is difficult to treat others as ends and not as means all the time,
particularly when many serve as means to our personal ends.
Storekeepers are means of procuring our groceries, customers
are our means of earning our livelihoods, and employees are
the means of staffing our factories.
Exercise 1.2
1. Ethics are the principles of morally acceptable conduct of individuals. Ethics
also mean an individualÊs personal beliefs about right and wrong
behaviours. Individual ethics are formed through various factors. (Refer to
Figure 1.1: Factors that form individual ethics).
As for Islamic teachings, Muslims are required to give the best of themselves
towards others especially in relation to working in an organisation.
As employees, they are paid to do their job, therefore they have to give
their best.
4. Students need to discuss what is the most important factor and give reasons
for the answer. (Refer to Figure 1.1: Factors that form individual ethics).
Exercise 2.1
1. A market stakeholder is an individual or group who has a direct interest
in an organisation and engages in economic transactions with the
organisation as it produces its goods and services.
Exercise 2.2
Yes, it is important for an organisation to engage in stakeholder management.
It is the process of managing the expectations of the individuals and groups who
have an interest in your organisation or will be affected by the organisationÊs
activities. Failing to address their concerns can damage the firmÊs reputation
and ultimately affect its bottom line.
Exercise 2.3
1. True.
Exercise 3.1
1. Ethical problems arise in management when there is a conflict between an
organisationÊs economic performance and social performance. There should
be a right or proper balance between the two. Thus, the managementÊs
dilemma is to strike a balance between economic and social performances.
(Provide a suitable example of how you would overcome an ethical
problem).
Exercise 3.2
1. (a) Economic analysis (based upon impersonal market forces).
Exercise 3.3
1. Maintaining the quality of a product. Some stakeholders want to produce
the product in a short period, which may affect the quality of the product.
Despite this activity being in conflict with the law, it still occurs widely.
Exercise 4.1
1. Law is a set of rules established by a society to govern behaviour within
that society. It is a consistent set of universal rules that are widely
published, generally accepted and usually enforced.
(a) Consistent
The requirements to act or not act have to be consistent to be considered
as part of the law. For example, if two requirements contradict
each other, both cannot be termed as a law, because obviously people
cannot obey both.
(b) Universal
The requirements to act or not act have to be universal or applicable
to everyone with similar characteristics and who are facing the
same set of circumstances.
(c) Published
The requirements to act or not act have to be published and put in
print so that they are accessible to everyone within the society.
No doubt that not everyone has the time to read up or understand
everything that is published. However, trained professionals such as
attorneys are available to interpret and explain the law. Hence,
ignorance of the law is not a valid excuse.
(d) Accepted
The requirements to act or not act in a given way have to be obeyed.
If most members of the society do not voluntarily follow the law,
they must be compelled to do so.
(e) Enforced
The requirements to act or not act in a given way have to be enforced.
Members of society have to understand that they will be compelled
to obey the law, if they do not do so voluntarily. People have to
recognise that if they disobey the law, and it is noted and can be
proven, they will suffer loss of convenience, time, money, freedom or
life. There is an element of persistence about the law. There is also or
should be an element of certainty as it defines what will happen if
we do not follow the rules.
Exercise 4.2
1. Students have to discuss the processes involved in the formation of law
which include:
Exercise 5.1
1. Ethical codes are statements about the norms and beliefs of an organisation.
2. Ethical codes do not really work. The problem is that it is not possible to
state clearly and explicitly the norms and beliefs of an organisation relative
to the various constituent groups (employees, customers, suppliers,
distributors, stockholders and the general public) without offending at
least one of these groups. For example, it is not possible for a company to
say that it considers its employees more important to the success of the
firm than its stockholders. By saying that, the company sends the message
that profits and dividends come second, which goes against the goal of
many business organisations. Consequently, codes of ethics are usually
written in general terms, noting obligations to each group without stating
which of them takes precedence in any given situation. The basic difficulty
with codes of ethics is that they do not establish priorities between norms
and beliefs. Priorities are the true values of a firm.
Exercise 5.2
There are no complete satisfactory means of changing planning, control and
motivational systems to ensure that the moral standards of senior executives are
followed. What we can do is use multiple analyses (economic, legal and moral
forms of reasoning) to make the issues clearer, and the proper, right or just
decision more apparent. However, the process does not guarantee unanimity
as the values and priorities arising from economic, legal and moral outcomes
differ among members of every organisation.
Exercise 6.1
1. The three critical turning points in the evolution of thinking about social
responsibility are:
2.
Supporting Social Responsibility Opposing Social Responsibility
3. Refer to Figure 6.7: How organisations and government influence each other.
4. For the formal approaches that organisations can use to manage social
responsibility, refer to Table 6.5: Formal Organisational Approaches.
Exercise 7.1
The Malaysian Institute of Corporate Governance (MICG), established in 1998,
is a non-profit public company. One of its objectives is to be a leading
establishment for the promotion of best practices and corporate governance
development through continuous education programmes for major corporate
figures such as company directors, chief executive officers (CEOs), company
secretaries, company advisers, company auditors, accountants, lawyers,
members of audit committees and investors. (Refer to Figure 7.5: Mission of the
Malaysian Institute of Corporate Governance).
Exercise 7.2
In order to have good corporate governance, management should look into
the following aspects:
Exercise 8.1
1. Every human being has a moral right to acquire and use some share of
material resources to ensure they live at a decent level of physical and
psychological well-being. It seems to follow that if most people are subject
to an economic system in which a job is the means to obtain resources, then
they have a moral right to the job; the economic system owes them
employment.
(a) To hire and keep on the payroll employees who are needed in order
to meet the demands of a particular business; and
2. Affirmative action may range all the way from setting specific numbers of
minorities to be moved into positions over a given period. The proportion
of the positions they hold begins to approach their numerical distribution
in the general population, to establishing the overall principle that
employment and promotion opportunities are open to all, regardless of
gender, race, religion, age and disability.
Exercise 9.1
1. Every employee has the right to privacy. However, employers also want
to protect themselves. Therefore, they believe that they need to know about
the personal history and habit of their employees to guard against
fraud, theft of proprietary information or harmful acts that employees
might do under the influence of alcohol or drugs.
2. I would use pre-employment tests to find out their level of honesty and
test their abilities and capabilities.
(b) There is statistically valid evidence that the incidence of drug use
among the suspected employees is significant.
Exercise 10.1
Internal whistle-blowing occurs when the accusation is made through lines
of supervision or other designated channels within the company. External
whistle-blowing occurs when the accusation is reported to people or agencies
outside the company, such as government authorities or the media.
Exercise 10.2
1. Loyalty to a company means the moral obligation of employees to
discharge their duties competently, obey the legitimate orders of their
superiors, keep company information and trade secrets confidential,
and avoid any conduct that is in conflict with the companyÊs rightful
interests.
3. I agree with this statement. A manager has a fiduciary duty to the owners
of the business. It would be a violation of that duty to cover up the actions
of a supervisor who harms the ownersÊ interests in any serious way.
A subordinate has to carry out the legitimate orders of his supervisor and
keep him informed about the progress of his work or task. The subordinate
may even be obliged to tell the supervisor about the actions of other
persons or groups that may adversely affect the operations of the boss.
However, wrongdoings by his boss should not be ignored. The wrongdoings
should be reported.
References
Boo Su-Lynn, & Dinesh Kumar. (2010, August 5). Pakatan questions Sime
DarbyÊs corporate governance. The Malaysian Insider. Retrieved from
http://www.Themalaysianinsider.com
Carroll, A. B., & Buchholtz, A. K. (2006). Business and society: Ethics and
stakeholder management (6th ed.). Ohio: South-Western.
Donaldson, T., & Preston, L. (1995). The stakeholder theory of the corporation:
Concepts, evidence, implications. Academy of Management Review, 20(1),
65ă91.
Elkington, J. (1997). Cannibals with forks: The triple bottom line of 21st century
business. Oxford: Capstone Publishing.
Ferrell, O. C., Thorne, D. M., & Ferrell, L. (2011). Social responsibility and
business (4th ed.). Canada: South-Western, Cengage Learning.
Institute for Global Ethics. (2006). Cooked books, fried reputation: Study, ethics
newsline. Ethics Newsline.
Lawrence, A. T., & Weber, J. (2011). Business and society: Stakeholders, ethics
and public policy (13th ed.). Singapore: McGraw-Hill.
Mitchell, R. K., Agle, B. R., & Wood, D. J. (1997). Toward a theory of stakeholder
identification and salience: Defining the principle of who and what really
counts. The Academy of Management Review, 22(4), 853ă886.
Thorne, D. M., Ferrell, O. C., & Ferrell, L. (2008). Business and society (3rd ed.).
Boston: Houghton Mifflin.
OR
Thank you.