ETHICAL ISSUE

IN MEDICAL AND
MANAGEMENT
INTRODUCTION

WHAT IS ETHICAL ISSUE?

According to the BBC, ethics is a branch of philosophy that deals with the ways in which
people should live their lives. Ethical issues must be dealt with when examining these
philosophies. Ethical issues often deal with what is right and what is wrong, what is good and
what is bad, and what rights and responsibilities people should have. The general goal of
ethics is to enable people to live good lives.
The problem with ethical issues, such as whether capital punishment should be allowed or the
morality of euthanasia, is that there generally is no single accepted answer. These ethical
issues are hotly debated because the answer generally comes down to personal opinion or
philosophy. Ethics can give more than one answer, and sometimes that answer is not
universally correct.
Ethical issues are often at the center of the debate when it comes to social issues. Groups
argue that things are moral or immoral, and they create an ethical debate to support their
argument. Ethical guidelines can come from personal philosophy, religion and government.
ETHICAL ISSUE IN MEDICAL

Medical ethics is the study of moral values and judgments as they apply to medicine. The
three main moral commitments are respect for patients’ autonomy, beneficence, and non-
maleficence. Using these three principles and thinking about what the physician’s specific
concern is for their scope of practice can help physicians make moral decisions. As a
scholarly discipline, medical ethics encompasses its practical application in clinical settings
as well as work on its history, philosophy, theology, and sociology.
Medical ethics tends to be understood narrowly as an applied professional ethics, whereas
bioethics appears to have worked more expansive concerns, touching upon the philosophy of
science and issues of biotechnology. Biotechnology generally focuses on molecular biology
which, can help improve the health of humans as well as prolong the lifespan of humans still,
the two fields often overlap and the distinction is more a matter of style than professional
consensus. Medical ethics shares many principles with other branches of healthcare ethics,
such as nursing ethics. A bioethicist assists the health care and research community in
examining moral issues involved in our understanding of life and death, and resolving ethical
dilemmas in medicine and science. Examples of this would be the topic of equality in
medicine. Some may believe everyone should have the same health care compared to people
who believe healthcare should be distributed based off medical need.
Nursing ethics also shares many principles with medical ethics such as beneficence, non-
maleficence, and respect for autonomy. However, those in nursing can be distinguished by its
emphasis on relationships, collaborative care and human dignity. Because the healthcare
climate is regularly changing, as is our society, it is crucial that nurses have a grounded
understanding of ethics.

Respecting patients ‘autonomy is an agreement to respect another's right to self-determine a

course of action it is a support of independent decision making. In 1990 the Patient Self
Determination Act was passed by the United States (US)Congress, this Act stated that
competent people could make their wishes known regarding what they wanted in their end of
life experience, when they were possibly not competent. Also included in this Act is the
durable power of attorney, which designates a competent person to assist in making end-of-
life decisions when the individual was no longer competent.

Beauchamp, T. L., & Childress, J. F. (2009). Principles of biomedical ethics (6th ed., pp.38-
39). New York, NY: Oxford University Press.

American Bar Association. Health care advance directives. Retrieved from

http://www.abanet.org/publiced/practical/patient_self_determination_act.html
For an example, in clinical situations nurses respect a patient’s autonomy, where the patient is
allowed the freedom of choice regarding treatment, such as in deciding whether he or she
wishes to be intubated during an exacerbation of COPD, or deciding when he/she wishes to
forgo further dialysis. If a patient lacks capacity for such a decision and has an advance
directive, the person who has the durable power of attorney can make the decision.

Next, beneficence is a compassion; taking positive action to help others desire to do good, it
is a core principle of our patient advocacy.

Beauchamp, T. L., & Childress, J. F. (2009). Principles of biomedical ethics (6th ed., pp.

38-39). New York, NY: Oxford University Press.

For an example an elderly patient falls at home and has a fractured hip. In the emergency
room, the nurse acts to provide pain medication as soon as possible in an act of beneficence.

Non-maleficence is an avoidance of harm or hurt; core of medical oath and nursing ethics.
Often in modern times, non-maleficence extends to making sure you are doing no harm in the
beneficent act of using technology to extend life or in using experimental treatments that have
not been well tested.

Beauchamp, T. L., & Childress, J. F. (2009). Principles of biomedical ethics (6th ed., pp.

152-153). New York, NY: Oxford University Press.

For an example when this elderly person above received pain medication (an act of
beneficence) there are complications that could arise. Practitioners recognize that using a
narcotic may cause confusion. When obtaining the consent for her hip surgery, we want to
make certain that the patient is alert enough to understand the risks and benefits of the
procedure. We must balance the beneficence of providing the medication quickly with the
possible maleficence of obtaining a consent when patient does not have the capacity to make
the decision for surgery.

Moreover, fidelity is a principle requires loyalty, fairness, truthfulness, advocacy, and

dedication to our patients. It involves an agreement to keep our promises. Fidelity refers to
the concept of keeping a commitment and is based upon the virtue of caring.

Ethics Resource Centre. (May 29, 2009). Definition of values. Retrieved from

http://www.ethics.org/resource/definitions-values

Example of this principle is a patient asks the nurse not to reveal the fact that she is dying or
give her diagnosis to his family. The nurse asks why she does not want her family advised.
The patient explains that her family is very emotional and has stated they would do
everything to keep her alive, even if it required long-term mechanical ventilation. The patient
has explained multiple times that she does not want mechanical ventilation. The nurse
recognizes that keeping of this information in confidence, while supporting the family, is an
example of exercising fidelity.

Justice refers to an equal and fair distribution of resources, based on analysis of benefits and
burdens of decision. Justice implies that all citizens have an equal right to the goods
distributed, regardless of what they have contributed or who they are. For example, in the US,
we all have rights to services from the postal service, firefighters, police, and access to public
schools, safe water, and sanitation.

Butts, J. B., & Rich, K. L. (2008). Nursing ethics across the curriculum and into practice

(2nd ed., p. 48). Sunbury, MA: Jones and Bartlett.

Example of justice is a hospital organization wishes to donate low or no-cost paediatric dental
services to the community. There are openings for 45 children per month. Justice requires a
fair method, that is free from bias, to determine who will receive these services.

Paternalism is healthcare professionals make decisions about diagnosis, therapy, and

prognosis for the patient. Based upon the health care professional’s belief about what is in the
best interest of the patient, he/she chooses to reveal or withhold patient information in these
three important arenas. This principle is heavily laden as an application of power over the
patient

Butts, J. B., & Rich, K. L. (2008). Nursing ethics across the curriculum and into practice

(2nd ed., p. 263). Sunbury, MA: Jones and Bartlett.

As an example a patient has repeatedly voiced fear over receiving a diagnosis of lung cancer,
as he believes this is a death sentence. His primary care physician decides not to reveal the
diagnosis to the patient after he says he would kill himself if he had lung cancer.
ETHICAL ISSUE IN MANAGEMENT

Every day, managers and employees need to make decisions that have moral implications.
And those decisions impact their companies, company shareholders, and all the other
stakeholders in interest. Conducting business in an ethical manner is incumbent upon
everyone in an organization for legal and business reasons. And as a manager, it’s important
to understand your ethical obligations so that you can meet your company’s expectations as
well as model appropriate behaviour for others.

Ethics is a set of standards for judging right from wrong. At its most basic level, it means
acting fairly and honestly in individual as well as group decision making. On a business level,
it can refer, for example, to fair and honest competition, acting without deception or
misrepresentation, and working within the boundaries of the law.

In the wake of corporate scandals over the past several years, most organizations have written
or updated their Codes of Conduct and Ethics Rules. The first thing a manager should do is to
read and understand those documents. That means understanding the actual words used in the
documents along with the spirit and intent behind the words. The second thing to do is to be
sure that your staff also reads and understands the documents and can come to you with any
questions.

If you act consistently with Codes of Conduct and Ethics Rules, you provide a foundation of
trust in your relationships with others. Part of your goal is to show others what it means to
make ethical decisions. The other part of your goal is to encourage others to come forward if
they suspect that someone is not acting ethically. As a result, your organization will be in a
position to look at that behaviour and stop it before it is out of control or worse, crosses the
line into illegal conduct.

Everyday decisions involve ethical issues. Did you consider only legitimate business reasons
for promoting some employees and not others? Was your decision to discipline a particular
employee fair and consistent with how you’ve treated others? Are you tolerating behaviour
from some that you do not tolerate in others? These are just some examples of questions you
can ask yourself to be sure you are acting responsibly and ethically.

And don’t forget that ethics rules will not always answer the issues you confront. Sometimes,
for example, the line between ethical and legal conduct can get blurred. What if you found a
document on the street that had sensitive information about a competitor’s product? Would
you use it? It would be illegal if you stole such a document from the company’s premises, but
say you found it on the street. Is it ethical to use it even though you assume that someone
must have dropped it by accident? These are not easy questions but are important to consider.
As part of a company’s attempt to create an ethical work environment, it’s important to offer
an effective ethics training program. And the training should include more than just a review
of your company’s ethics rules. The broader topic of ethics in a global economy is very
important in today’s world of international business.

Perhaps some kinds of behaviour that we find acceptable in the U.S. are not acceptable in
another culture, or vice versa. That doesn’t mean that some conduct should be tolerated in
one place and not another. Rather, your company should set standards to which everyone can
and should adhere.

Remember, as a leader in your organization, how you behave and communicate is the basis
on which others will judge you. If you act ethically and require the same of others, you
represent your company well and position yourself as someone your employees can respect.
There is no better way to attract and retain good employees than to have the respect of those
you interact with every day.

COMPLYING WITH LAWS & REGULATION

In general, compliance means conforming to a rule, such as a specification, policy, standard
or law. Regulatory compliance describes the goal that organisations aspire to achieve in their
efforts to ensure that they are aware of and take steps to comply with relevant laws, policies,
and regulations.

RESPECTING CUSTOMERS
In all cases, your customers have selected your product instead of those of the competition.
This conscious decision was probably based on the product and on your company. You
should feel good about that choice and let the customer know of your appreciation. It can be a
simple, but heartfelt, thank you or you can do something more. Delivering something extra
(and probably not in the form of a price break) can demonstrate your appreciation
CONSIDERING STOCKHOLDERS
Before a business can consider the needs and expectations of its stakeholders in the course of
its planning, it must identify those stakeholders and sort them in their order of importance to
the business. One method to accomplish this is to list the stakeholders and then determine the
degree of their interest and influence in the business. If stakeholders have a high degree of
interest, the business needs to communicate with them on a regular basis and keep them
informed about its activities. The business also needs to keep them placated.

RESPECTING EMPLOYEES
Small-business owners and managers can do much to treat employees with respect and
increase productivity. One consideration is getting to know what management style your
employees prefer. Some employees may prefer closer supervision, while others desire more
leeway and creativity in performing their jobs. Managers must also keep morale high,
especially during economic downturns, when layoffs or firings may exert greater demands on
the remaining workers. Companies must find the right combinations of management style,
employee treatment and motivation to ensure the greatest levels of productivit

SOCIAL RESPONSIBILITIES
Can be defined as the obligation of management towards the society and others concerned.
Business enterprises are creatures of society and should respond to the demands of society.
CASH AND COMPENSATION
EMPLOYEMENT ISSUE
PLANS

ETHICAL ISSUE IN
MANAGEMENT

PRIVACY ISSUE
CASH AND COMPENSATION PLANS

Employee compensation and benefits are divided into four basic categories:
1. Guaranteed pay – a fixed monetary (cash) reward paid by an employer to an employee.
The most common form of guaranteed pay is base salary.

2. Variable pay – a non-fixed monetary (cash) reward paid by an employer to an employee

that is contingent on discretion, performance, or results achieved. The most common forms of
variable pay are bonuses and incentives.

3. Benefits – programs an employer uses to supplement employees’ compensation, such

as paid time off, medical insurance, company car, and more.

4. Equity-based compensation – stock or pseudo stock programs an employer uses to

provide actual or perceived ownership in the company which ties an employee's
compensation to the long-term success of the company. The most common examples
are stock options.

GUARANTEED PAY
The basic element of guaranteed pay is base salary which is paid on an hourly, daily, weekly,
bi-weekly or monthly rate. Base salary is typically used by employees for on-going
consumption. Many countries dictate the minimum base salary defining a minimum wage.
Employees' individual skills and level of experience leave room for differentiating income
levels within a job-based pay structure.
In addition to base salary, there is other pay elements which are paid based solely on
employee/employer relations, such as salary and seniority allowance.

VARIABLE PAY
Variable pay is a non-fixed monetary (cash) reward that is contingent on discretion,
performance, or results achieved. There are different types of variable pay plans, such as
bonus schemes, sales incentives (commission), overtime pay, and more.
An example where this type of plan is prevalent is how the real estate industry compensates
real estate agents. A common variable pay plan might be the sales person receives 50% of
every dollar they bring in up to a level of revenue at which they then bump up to 85% for
every dollar they bring in going forward. Typically, this type of plan is based on an annual
period of time requiring a "resetting" each year back to the starting point of 50%. Sometimes
this type of plan is administered so the sales person never resets or falls down to a lower
level. It also includes Performance Linked Incentive which is variable and may range from
130% to 0% as per performance of the individual as per his KRA.
BENEFITS
There is a wide variety of benefits offered to employees such as Paid Time-Off (PTO),
various types of insurance (such as life, medical, dental, and disability), participation in a
retirement plan (such as pension or 401(k)), or access to a company car, among others. Some
benefits are mandatory which are regulated by the government while others are voluntarily
offered to fulfil the need of a specific employee population. Benefit plans are typically not
provided in cash but form the basis of an employees' pay package along with base salary and
bonus.
In the United States, "qualified" employee benefit plans must be offered to all employees,
while "non-qualified" benefit plans may be offered to a select group such as executives or
other highly-paid employees. When implementing a benefit plan, HR Departments must
ensure compliance with federal and state regulations. Many states and countries dictate
different minimum benefits such as minimum paid time-off, employer’s pension contribution,
sick pay, among others.

EQUITY-BASED COMPENSATION
Equity based compensation is an employer compensation plan using the employer’s shares as
employee compensation. The most common form is stock options, yet employers use
additional vehicles such as restricted stock, restricted stock units (RSU), employee stock
purchase plan (ESPP), and stock appreciation rights (SAR).
EMPLOYEMENT ISSUE

Federal law requires that employers make decisions fairly. This means decisions regarding
employees should be based on the ability of a person to perform the duties required by a job.
Discrimination happens when employment decisions are based on other factors such as: race,
age, gender, physical ability or religion.

PRIVACY ISSUE

Generally speaking, privacy rights are granted by specific laws, rules, or regulations. Some of
those rights apply in the workplace and some don’t. And even if there is no specific law, a
right to privacy can be based on the legal common law concept of having a “reasonable
expectation of privacy.” For employers and employees, privacy issues have become
increasingly prevalent in the workplace, and with the increased use of electronic resources,
privacy at work is even more complex. So it is important that managers and supervisors have
a basic understanding of a few of the more frequent privacy rights and issues that can arise, as
well as the boundaries that may apply.

There are several areas of human capital management in which privacy rights are established.
Whether federal, state, or local law creates the right, you should be aware of the issues.
Personnel Records of the employees generally have a right to privacy in their personnel
records, except in a few specific circumstances. That means employers are generally not
permitted to disclose personnel records to third parties without a legal obligation to do so or
the employee’s permission. The right can be found in state statutes, codes, or by judicial case
law. Also, employees in most states have the right to request access to their personnel files
upon proper notice.

Social Security Numbers with the increase in identity theft, various statutory laws have been
enacted to protect the privacy of social security numbers. For example, many states expressly
limit and/or prohibit the use of all or part of social security numbers as computer passwords
or employee ID numbers. Some states also limit whether and to what extent social security
numbers can be used on itemized wage statements. There also are many state laws that
require extensive disclosures by employers in the event a company suspects that certain kinds
of personal information about employees or belonging to them may have been compromised.

Next is monitoring and eavesdropping. There are extensive anti-eavesdropping laws that
prohibit tapping into or listening to telephone conversations, voicemail systems, and
electronic communications systems. For example, some states have civil and criminal statutes
that require both parties to a telephone conversation to consent to being recorded or listened
to, while other states require that only one-party consent. Surveillance by camera is also
subject to various legal requirements regarding notice and disclosure to employees.

There are several other federal and state laws that permit employers, in some circumstances,
to monitor, save, record, access, or otherwise conduct surveillance of employees’ use of
company electronic communication resources and systems. Usually, these laws require clear,
unequivocal notice by the employer or owner of the electronic communication system that
such monitoring and/or access may occur, and advance notice of the lack of privacy in the
use of the systems. In many cases, advance consent by the users is also required by law.
Consistent with these laws, most employers have policies regarding electronic resources that
inform employees that access to and use of any data contained in any company-owned or -
provided electronic resource system or tool, including but not limited to e-mail, use of the
Internet, and voicemail, is not private to the employees, belongs to the company, and is
subject to various types of monitoring, access, and disclosure by the company.
Most employers also have Information Security Policies with detailed information that every
manager, supervisor, and employee must comply with at all times. Usually, employees are
required to sign an acknowledgement that they have read and understood the policy and will
comply with it.
Importantly, most employers include in their policies an express notice that puts employees
on explicit notice that they have no privacy in their use of the company’s electronic
communication resources or the information they access or create in it. This usually includes
using company resources to access personal e-mail accounts.
Medical Records in many different federal and state laws protect the privacy of employee
medical information and require various disclosures about how the information is maintained,
who has access to it, and how it may be used. Medical information about an employee must
be kept separate from other employee records and access to it is severely restricted. The
information is expected to be kept confidential between the company and the employee.

In addition is drug testing. Employers who conduct drug testing are required to maintain the
confidentiality of the test.
Moreover, background screening. Employers who require background checks as part of the
hiring or employment process are required to maintain the confidentiality of the background
information received. There are many laws that restrict the type of background information
(such as criminal history, finances, bankruptcy, etc.) that an employer can inquire into, as
well as how far back in time an employer is allowed to look. Included in these laws are
various requirements to obtain consent to get the information and disclosures to the employee
about how the information will be and ultimately is used. And there are additional notice
requirements if the information is used to make an adverse employment decision.

There are also certain kinds of employee information that an employer is required to keep
confidential, but which employees may have the right to disclose and discuss. For example,
under the National Labour Relations Act (NLRA), employees have the right to engage in
concerted, protected activities. And that right applies regardless of whether the employees are
unionized. If an employee felt he or she was unfairly paid and got together with other
employees to discuss their compensation, it could be an unfair labour practice under the
NLRA to take action against the employees for disclosing or discussing wage information, or
their terms and conditions of employment.

Some states also have statutes that make it illegal for employers to prohibit employees from
discussing information that the employer is required to maintain as private and confidential.
For example, California has labour code sections that make it illegal for employers to prohibit
employees from discussing or disclosing their wages or working conditions, or to take action
against them for doing so.

As you can see, employers need to be well versed in a multitude of federal and state laws
regarding privacy. Human resources and legal professionals can help identify the laws that
apply to you, and help you draft policies that meet your specific business needs. Be sure to
work with your own experts so that customized solutions can be designed and implemented.
WAYS TO SOLVE ETHICAL ISSUE
IN MANAGEMENT

EMPLOYMENTS ISSUES
There are processes to follow when working through employment relationship problems.
Employers and employees should use these and try to solve problems in a positive way.

I. INFORMAL ACTIONS

Employers may take informal actions to resolve an issue early if the matter is not serious, is a
one-off, or is unlikely to happen again. Sometimes an employer may only want to raise a
minor concern or issue with an employee. In these situations, it might not be necessary or
useful to follow a formal disciplinary process or enter a Performance Improvement Plan. For
example, an employer might be satisfied with an employee’s work, but wants the employee to
manage their timekeeping better. In this situation, the employer should talk to the employee
about what they have seen and what correction or shift they would like the employee to
make. The employer may choose to caution the employee advising that if the change does not
happen then they may move to a more formal disciplinary process. A caution can also be used
during informal management of performance if there is no improvement or visible effort
made by the employee the employer may then implement a more formal Performance
Improvement Plan with the employee. These sorts of issues do not need to be a big deal.
Good communication between employers and employees helps to build good employment
relationships and prevent more serious issues arising.

II. WARNINGS

Warnings can be a useful tool when managing performance or taking disciplinary action. It is
recommended that all warnings be recorded in writing so that there are no misunderstandings.
In circumstances where the employer decides that the employee misconduct is not serious, or
where the employer otherwise decides not to dismiss, the employer may decide to give the
employee a warning. This can be written or verbal. It is recommended that all warnings be
recorded in writing so that there are no misunderstandings. A warning is given to let the
employee know that their conduct or performance is not satisfactory and that there is a
possibility of dismissal if their conduct or performance is repeated. It is important that a
warning is clear enough that the employee knows that if they repeat the behaviour, or their
performance does not improve, then their ongoing employment is at risk. The warning should
be make it clear warning. Next, must be tell what will happen if the change or improvement
does not take place. The warning should be communicated clearly and make sure the
employers understood. Warning also should be reasonable it must be in proportion with the
action. The employee must give a reasonable time to improve, if it relates to performance.
Check the employment agreement, workplace policies and procedures to see if any of these
may state that the process or type of warnings (written or verbal) are needed. The type of
warnings needed may be different at different stages of the process and in different
circumstances. A final warning should be in writing, unless there is a different process set out
in the employment agreement.

TYPES OF WARNINGS:

 PRIOR WARNINGS

If an employee has had warnings previously, the employer may be able to dismiss the
employee or give a further or final warning. A previous warning or warnings do not always
justify dismissal or a final warning. For example, a warning for one type of misconduct
cannot be relied upon when dealing with another type of misconduct if a warning is too old, it
may be unfair for an employer to rely on it.

 EXPIRED WARNINGS

A warning cannot be relied on forever. Warnings should state how long they are for example
six months or one year. Even if there isn’t a length of time stated, after a certain time the
warning may have expired and the employer may not be able to rely on it as a basis for a
future action. Each case will depend on its own facts. There is a general rule that it may be
challenging for an employer to rely on a warning that is over 12 months old. Depending on
the facts, there may be a few exceptions to the rule that employers cannot rely on expired
warnings. Employers may be able to take into account a recently lapsed final warning, or an
expired warning, if this is not the only factor being considered.

 UNRELATED WARNINGS

Usually warnings that are for different behaviours or actions should not be relied on if an
employee is in a disciplinary process for a different type of behaviour. In some cases, the
employer may rely on an unrelated warning where the action by the employee is similar
enough to a previous warning/s. However, care should be taken and if any past warning or
warnings are to be given, the employee should be given the opportunity to comment on why
the previous incident should not count against them
III. DISCIPLINARY ACTION

Sometimes employee behaviour may be inappropriate and an employer needs to deal with it.
Employers should follow the right process and work through these issues with their employee
in a fair way.

Following the right disciplinary process should assist the employer to work through the issue
and to deal with it before it becomes bigger or impacts more widely on the workplace. This
process is usually referred to as a disciplinary process and can take many forms. It should be
seen primarily as a corrective measure, aimed at preventing further misconduct.

The most common types of disciplinary action are warnings and, in serious cases, dismissal.
Disciplinary action can also include counselling, suspension from work, the removal of
certain privileges, requirement to attend course/s, reassignment to another role or workplace
or, in rare instances, demotion.

Employers should have the procedures which includes the disciplinary process and the types
of warnings, along with the types of action that might be viewed as misconduct or serious
misconduct set out in writing and available for all parties. This might be in the employment
agreement or in the workplace policies and procedures so that everyone knows where they
stand as far as this is possible, ahead of any issues coming up.

Disciplinary action must be fair and reasonable in all the circumstances. There are two main
aspects to this first one is the employer must have a good reason for undertaking the
disciplinary action, and the second one is the employer must follow a fair process before
making the decision and then acting on it. If the employer does not have a good reason for the
disciplinary action, or did not follow a fair process, the employee may have a personal
grievance.

IV. MEDIATION

Mediation is a voluntary process where an independent mediator helps parties to work

through issues and develop solutions together. Mediation is where an independent person
called a mediator helps an employee and an employer resolve an employment relationship
problem in a semi-formal and confidential environment. A mediator will help you to identify
the main issues and find potential solutions The aim is for you both to come to an agreement.
You cannot be forced into a decision or agreement. Employment Mediation Services within
the Ministry of Business, Innovation and Employment (MBIE) provides a free mediation
service to any employee or employer with an employment relationship problem. Private
mediation is also available.

V. RECORDS OF SETTLEMENT

An employment record of settlement is created when two parties reach a resolution about an
employment dispute or problem, and want it formally recorded.

A record of settlement is created either by the parties themselves and given to Employment
Mediation Services to be signed by a mediator, or a mediator following a mediation meeting.
Without a mediation meeting Sometimes parties will reach an agreement themselves. To
make sure that this agreement can be enforced, a record of settlement should be written down
and given (referred to as submitted) to the Employment Mediation Services to check and
sign. The agreement then has the same status as an agreement reached in a mediation and
becomes a full and final settlement once it is signed by a mediator from the Employment
Mediation Services.

Before signing, a mediator from the Employment Mediation Services will check that the
agreement complies with the law and that the parties understand that the settlement will
become final once signed. Once a record of settlement is submitted, a mediator from the
Employment Mediation Services will contact the parties involved to discuss the settlement
and explain the effects signing. Moreover, make sure the parties involved want the mediator
to sign off the agreement, that they know what that means and also check that in making the
agreement, that the parties did not agree to give up any minimum entitlements.

By Following a mediation meeting, if agreement is reached in a mediation meeting, then the

mediator usually writes down what is agreed (the terms of the agreement) and gets the parties
to sign this. This is call the record of settlement. Once the record of settlement has been
signed, the agreement becomes a full and final settlement and cannot be reopened by either
party. The mediator is not allowed to sign a settlement in which a party agrees to give up
minimum entitlements provided in employment law; in these situations, the mediator will
provide advice about options. Mediation can provide you with more information about
various aspects of the mediation process.

VI. ROLE OF LABOR INSPECTORS

Labour Inspectors make sure that workplaces meet at least the minimum standards and
requirements of employment law.
Labour Inspectors work with employers and employees (and other people and agencies) to
make sure that workplaces follow at least the minimum employment standards and laws as
set out in the following employment-related Acts:

 Employment Relations Act 2000 (external link)

 Equal Pay Act 1972 (external link)
 Holidays Act 2003 (external link)
 Minimum Wage Act 1983 (external link)
 Parental Leave and Employment Protection Act 1987 (external link)
 Volunteers Employment Protection Act 1973 (external link)
 Wages Protection Act 1983 (external link)
 Home and Community Support (Payment for Travel Between Clients)
Settlement Act 2016 (external link)

Their role is to monitor and enforce compliance with employment standards as well as other
specific duties outlined in the various Acts. They use targeted investigations and audit
programmes to find breaches of employment standards and put them right.

Some areas that Labour Inspectors look at include the minimum wage, holiday pay, wage
deductions, recording keeping and parental leave. Labour Inspectors can’t give advice about
general disputes and some contractual matters contained in employment agreements, or pay
rates (except the minimum wage).

Labour Inspectors investigate potential breaches impartially before making a decision. For
some cases where vulnerable workers have been exploited or where rights have been
breached repeatedly or blatantly, Labour Inspectors may look at penalty actions, publish the
case and even aim to remove employers from the labour market.

For less serious breaches of employment standards (ex: one-off accidental mistakes) an
inspector might use tools such as enforceable undertakings or improvement notices, to
require employers to change their workplace practices and repay any arrears owing.

Investigations are prioritized depending on severity, facts, evidence and circumstances,

balanced with resourcing allocation and specific Inspectorate focus at the time.
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https://www.reference.com/world-view/ethical-issue-f1d5bd587b50cdbf
https://hr.utexas.edu/current/services/dispute/problem.html
https://www.sullivancotter.com/business-focus-solutions/cash-compensation-plan-design-
and-strategy/
http://ww2.cfo.com/compensation/2015/02/six-cash-saving-tips-deferred-compensation-
plans/
http://www.salary.com/docs/resources/salarycom_wp_sales_compensation.pdf
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