numerouno
12

The South Australian Government has issued a new Code of Conduct for Public Sector employees which is based on the principles as quoted further down.

One of the more useful features that may be of interest is in the attachment. It is the Model for Ethical Decision making.

Like any Code or set of guidelines there are issues to do with identification of breaches and dealing withthem, especially when the individuals concerned are at a very senior level.

However I think it is a useful statement of intent that can support efforts to improve the performance of the Public Sector.

The following is directly quoted from the Code of Conduct.

Underpinning principles

To maintain the trust of the public, the Code of Conduct requires you to behave with integrity, show respect and be accountable. These underpinning principles are defined as follows.

INTEGRITY

Serve the public in accordance with the direction of the government and your organisation, without fear of reproach, by providing impartial, professional service and advice that is frank and apolitical.

Act honestly when performing your duties.

Ensure you declare and appropriately manage interests that may conflict with the way you carry out your duties.

Do not accept gifts, benefits or favours that may influence or be reasonably seen to influence your decision making.

Prevent nepotism and patronage.

Ensure all selection decisions are based on a proper assessment of merit.

Ensure employment or remunerative work outside the public sector is appropriate and, where necessary, approved by your chief executive or, if required, by the minister.

Conduct yourself in public in a manner that will not reflect adversely on the public sector, its agencies or other public sector employees.

RESPECT

Treat the public and other employees with respect and courtesy, having regard for the dignity of the people with whom you interact.

Recognise the importance of people through training and ongoing development.

Promote equity, and value and utilise diversity in the work environment and in the South Australian community.

Prevent unlawful discrimination against employees or persons seeking employment in the public sector. You must ensure that no form of unjustifiable discrimination is exercised against employees or persons seeking employment in the public sector.

Take reasonable care to ensure your own health and safety at work and avoid adversely affecting the health and safety of others.

Prevent bullying or other forms of harassment in or outside the workplace.

ACCOUNTABILITY

Utilise and manage people and the resources, information and authority at your disposal in an efficient, responsible and justifiable manner through implementation of risk management standards and practices.

Ensure decisions have regard for the well-being of people and the environment, both now and for the future.

Ensure all decisions are fair and made without excessive formality.

Ensure all decisions are transparent and in keeping with confidentiality requirements.

Provide responsive, timely, effective and efficient services to the community and the government.

Deal with information gained through your work in accordance with legal requirements (including requirements under this Code and your organisation’s directions and guidelines).

Observe all legislative requirements, policies, procedures, and lawful and reasonable instructions from people with authority to give such instructions (including requirements under this Code).

Endeavour to ensure you, and those for whom you are responsible, perform well in order to meet or exceed performance standards and other organisational requirements.

Ensure accountability throughout the public sector by reporting inappropriate conduct to the appropriate authority where that conduct might reasonably be considered to be a breach of the PSM Act, other Acts, and/or illegal activity.

CONSEQUENCES

The PSM Act 1995 (Part 2, Section 6) requires chief executives, executives and all public sector employees to observe the Code of Conduct. Breaching the Code may result in consequences ranging from reprimand through to termination of employment for PSM Act employees and warning or termination of employment for non-PSM Act employees. Some breaches of the Code are also civil or criminal offences and you may face prosecution or civil action.

Integrity in practice

Integrity is about the intent or meaning behind your actions. As a public sector employee you are required to behave with integrity.

Service to the public

The service and advice you provide as a public servant must be free from political influence, be based on comprehensive research or professional opinion and allow for objective decision making based on honest and impartial presentation of available options.

Responsibility to the minister

You are required to provide the same support to the elected government regardless of which political party or parties are in office. Your judgment should be exercised within the confines of the law, this Code, government policy and ministerial direction.

Your advice should be honest, based on an accurate representation of the facts, and should identify the possible consequences of the available options. The frankness of your advice should not change regardless of who you are reporting to. Do not allow your private political or personal views and values to inappropriately influence your work.

Behaving honestly

As a public sector employee you are required to act honestly while performing your duties at all times, whether you are within South Australia or elsewhere. Some dishonest acts such as knowingly deceiving the public or parliament, acting dishonestly, inappropriately withholding relevant information, or recklessly disregarding restrictions set by policy and procedures, may give rise to criminal action under section 6Z of the PSM Act.

Dishonest acts that are of a trivial nature or that do not result in significant detriment to the public interest, and do not breach section 6Z of the PSM Act, may breach other criminal legislation and also may be the subject of disciplinary proceedings.

Do you have a conflict of interest?

A conflict of interest is where your financial or other interests or those of an associate are, or may reasonably be seen to be, in opposition to your duties as a public sector employee. The full definition of an associate can be found in Part 1 of the PSM Act 1995 and includes a spouse, parent, child, more distant relative or business associate. If you are unsure if someone is an associate, seek further advice.

A conflict of interest may come in many forms and must be managed at the earliest possible opportunity. For example, becoming involved in decision making where you, a family member or a friend has a financial or personal interest in the outcome, such as making a decision about the valuation of land belonging to a family member, is a conflict of interest.

In this and other cases, you must disclose a conflict of interest or possible potential conflict of interest immediately and in writing to your chief executive and take whatever action they decide is necessary to avoid a conflict of interest. Senior officials (including chief executives) must disclose their pecuniary or other personal interests in writing to their relevant minister.

If you are a member or executive of a corporate agency or an advisory body member, as defined by Part 1 of the PSM Act 1995, refer to the provisions of the Act to determine to whom to report a conflict of interest.

If you are unsure whether a situation is a potential conflict of interest, seek advice from your manager, your organisation’s human resources area or other agencies.

Accepting gifts, benefits or favours

You should not accept gifts, benefits or favours where these may influence, or may reasonably be seen to influence, your decision making. For example, accepting gifts from a contractor would normally be perceived as inappropriate regardless of the cost of the gift. This may include meals, a place in a corporate box at a sporting event or acceptance of a bottle of spirits.

Preventing nepotism and patronage

It is unacceptable to favour your relatives (nepotism) or people you know (patronage) in your decision making and provision of service. For example, if your relatives or friends are the subject in a work matter for which you are a responsible decision maker (such as job selection, allocating training and development opportunities, or a tender process) you must ensure that you are not improperly involved.

Ensuring merit and equity

You must not improperly bypass the principle of merit in a selection process. You must ensure selection processes apply merit principles in order to select the most suitable applicants with abilities, aptitudes, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the position. This can include the need to assess applicants’ employment backgrounds or duties and their potential for development.

Outside employment

You must refer to the legislative requirements and the policies of your organisation that cover engagement in employment other than your work in the public sector. For example, full time employees may be required to seek permission from their chief executives or, if required, from the minister, whereas, part time employees may be able to work in other employment without formal permission. However, in all cases it is important to refer to other provisions of this Code that may impact on the appropriateness of other employment. In particular, refer to the sections on confidentiality, conflict of interest and conduct in public.

Conduct in public

As a public sector employee you must consider the impact of your actions in public whether on duty or not. For example, you should still behave to the same standard if you are at an office social function after work hours. If you have permission to work at another job, you must ensure that the work you do and your conduct upholds the principles expressed in this Code of Conduct and does not adversely affect your work in the public sector.

Respect in practice

Respect is about how you treat other people. You are required to show consideration for other people in your advice, decision making and service delivery.

Respect and courtesy

Members of the public and other employees are entitled to receive personal respect and courtesy and to maintain their dignity in their interaction with you. Employees can reasonably expect to work in an environment that promotes their ability to work with one another and shows regard to the sensitivities of people within the workplace.

The importance of people

The importance of people in providing the services required by the community of South Australia may be recognised and fostered through the provision of career assistance such as mobility options, mentoring, and training and development opportunities appropriate to the work they are undertaking or may be reasonably expected to undertake.

Equity

Equity is about being fair and just to all people, but does not necessarily mean treating everyone in the same way. You may need to treat a person differently according to their circumstances and needs, in order to give them an equal chance in comparison with others. The policy and services that you are involved in developing and delivering must be made inclusive and responsive to all groups. For example, a public service that can be accessed only through the internet may inadvertently disadvantage people who are unable to access the internet or who are sight impaired.

Diversity

An important part of respecting others is valuing their diversity.

By valuing the differences that all employees bring to the workplace, we can better meet the needs of the public and the government of the day. For example, an Aboriginal person or a person from a different cultural background or experience may bring insight and knowledge to the work environment that may assist in providing more effective government services to the community.

No discrimination

You must not discriminate, directly or indirectly, in your treatment of individuals or groups on the grounds of age, gender, race, disability, sexuality, marital status, pregnancy, or any other ground covered by equal opportunity or other anti-discrimination legislation. Sexual harassment is also unlawful.

Discrimination includes treating a candidate in a job selection process less favourably because of a characteristic or circumstance that has no bearing on their capacity to perform the job for which they are competing.

Health and safety in your workplace

You must take reasonable care to protect the health and safety of yourself and of others while at work. You are required to use any equipment provided for health and safety purposes and obey any reasonable instruction the employer gives in relation to health and safety.

Workplace bullying/harassment

Public sector employees must not bully or otherwise harass other employees or members of the public. Behaviours that characterise bullying may include victimisation and unwelcome, offensive, abusive, belittling or threatening behaviour directed at another person or a group of people. Bullying may lead to the person or group of people subjected to the behaviour feeling victimised, offended, demeaned, humiliated, intimidated, or suffering detriment or disadvantage.

Managers and employees must take action to address and prevent bullying and harassment. Behaviour that amounts to bullying or harassment may be an offence under the Occupational Health, Safety and Welfare Act 1986, and, in some circumstances, can also be the subject of criminal and/or disciplinary proceedings.

Accountability in practice

Accountability is about fulfilling your responsibility as a public sector employee to the elected government, the community and your organisation.

Utilising and managing people and resources

You must efficiently and effectively utilise resources at your disposal for the public benefit. You need to effectively manage people and your own time in a way that is outcome and performance focused.

Use of all resources must be both sustainable and justifiable and you must not waste or misuse any resource. Your decision making must be based on the implementation of risk management standards and practices. For example, misuse may include inappropriate use of electricity, water or materials such as paper. Care should be taken with technological resources, including the internet and email system, the use of which should be in line with your organisation’s policy.

Decision making

Effective decision making takes into account the needs of people both now and into the future, integrating social, environmental and economic factors. For example, the effective use of public property extends to protecting environmental resources through increased efficiency in the use of land, energy and materials by generating less waste and using renewable resources.

Your decisions as a public sector employee affect other employees, clients and the public and, therefore, must be fair and consistent. This means that all your decisions are honest, based on the relevant information, justifiable and understandable both by those who are affected by the decisions and those who may need to review the decision. You should also ensure that decisions are made without excessive formality.

Responsive, timely, effective and efficient services

You need to be able to provide services to the government, the public and your organisation that have the flexibility to respond quickly and effectively to a variety of needs and requirements. You should actively seek innovative solutions that can be implemented to meet government and community needs. This includes working cooperatively across government and the community to achieve the objectives of the government.

Confidentiality, use of information and public comment

Be scrupulous in using information gained through your employment appropriately, that is, for the purpose for which it was gathered. You should comply with your organisation’s directions and guidelines on the use of information.

You need to ensure that the privacy of individuals is maintained and release personal information only in accordance with privacy requirements, the Freedom of Information Act 1991, organisational guidelines or as otherwise lawfully permitted (including requirements under this Code).

Check your organisation’s procedures on who can and can’t make official public comment. For example, you should seek and obtain authorisation from the appropriate officer, probably your chief executive, before commenting to the media.

When you leave the public sector you must continue to respect the confidentiality of information gained during your employment. For example, you must ensure that any possible future employer does not benefit from any confidential information you obtained during the course of your employment in the public sector.

Observe all legislative requirements and lawful and reasonable instructions

You must observe all legislative requirements and lawful and reasonable instructions from people with authority to give such instructions (including requirements under this Code). This includes Acts, regulations, guidelines and policies directly relevant to your work and organisation. This Code also requires you to take into account whole of government policies, initiatives and priorities, such as Indigenous employment, social inclusion and sustainability.

Performance

The government and the community expect the public sector to provide responsive, effective and efficient services. Performance management plays a key role in helping you to achieve these expectations and the requirements of this Code. Performance management supports fair and equitable management of staff and aims to build a competent and high performing public sector that is continuously improving its performance in delivering services.

Performance management involves regular, two-way performance discussions between you and your manager or employees. These discussions may be used to plan individual work objectives, review performance, provide regular feedback about progress towards work objectives, acknowledge improved and excellent service and identify development requirements.

Reporting of misconduct, corruption or illegal activity

The government and the community expect the public sector to have a high standard of integrity and be free from misconduct, corruption or other illegal activity.

You have a role in ensuring that all public sector employees are held accountable for inappropriate conduct. This includes reporting to the relevant authorities instances of conduct that may reasonably be considered to be a breach of the PSM Act, other Acts and/or illegal activity. Inappropriate conduct encompasses deliberate acts, a failure to act or a refusal to act, and includes conduct in public or private that reflects adversely on the public sector, its agencies or other public sector employees. However, this responsibility to report does not apply to inappropriate conduct of a trivial nature that does not result in significant detriment to the public interest.

If you do make a report of misconduct, you must have a reasonable belief that the reported conduct is a breach of the PSM Act 1995 or any other Act, is illegal, or both. You must not knowingly make a false disclosure.

Examples of conduct to be reported may include a delegate overlooking the deliberate misuse of a corporate credit card by a staff member, the improper use of resources and equipment for personal benefit, inappropriate disclosure of tender information, or the offer of a bribe.

If you are unsure to whom, or how, to report, you should refer to the existing policies within your organisation in the first instance. Chief executives are ultimately responsible for the conduct of employees within their organisation. Chief executives may also appoint responsible officers to handle reports of inappropriate conduct and related issues. Where a staff member is not able to make a report or disclosure within their organisation, the Commissioner for Public Employment has a statutory role to receive disclosures of public interest information.

Advice about reporting

Prior to making a report you may wish to seek advice. Advice may be obtained from your manager, human resources area or senior management, union or, where appropriate, from a legal advisor. If these options are not appropriate to the situation, you may seek advice from the Commissioner for Public Employment, the Crown Solicitor’s Office, or the Anti-Corruption Branch of the South Australia Police.

PROGRESS ENTERPRISE

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From Australia, Ballarat
Attached Files (Download Requires Membership)
File Type: doc a_model_for_ethical_decision_making_146.doc (28.0 KB, 1457 views)

Ajmal Mirza
35

Hi Numeruno

We had this great discussion [which later turned into debate] on the Ethics we should follow at the work place.... Eventually, as with every debate.... we were not able to come to the conclusion....

But this is my opinion... Stick to Decision making within the framework of the law.... the company policies.... And make decisions based on the Stake Holders weightages system... You can never go wrong....

By the way I am putting up some Ethical Dillema Scenarios to think upon..

__________________________________________________ __________

Honesty

Theft

Getting Ahead


Suppose you are a sales clerk in a store and some of your friends want you to let them shoplift. Answer the following questions.

1. If you refused to let them shoplift, would that make you a disloyal friend? Explain your answer.

2. How would you respond if your friends said to you:

- "Just turn your back. You won't even be involved."

- "Don't let it bother you. Everybody does it."

- "The store will never miss it."

- "This store rips everybody off. We're entitled to get even."

3. If they shoplift despite your objections, what would you do?

4. Many people think you can't get ahead being honest. Do you agree or disagree? Explain.

__________________________________________________ __________

Customer Relations

Racism

Community Service




1. There is an old saying that "the customer is always right."

- What do you think that means?

- Do you agree with it? Explain your answer.

- What should you do if you think the customer is dead wrong?

2. Suppose you are serving a customer who insults you with racist remarks and attitudes.

- Is this a problem for you?

- What is the best way to deal with this person?

3. Suppose you have a customer who knows nothing about the product she is buying. You sense she will buy any model you recommend.

- Is it your duty to sell her the most expensive model in the store? Explain your answer.

4. Should businesses become involved in community service activities? Why, or why not?

5. Write about the community service involvement of a business in your community, or develop an idea for a community service initiative for a business you know of.

__________________________________________________ __________

Sexual Harassment

Kickbacks

Whistle-Blowing





1. You are new on the job. During your training you were taught company policies. Now your supervisor gives you instructions that contradict those company policies. What would/should you do?

2. What is a kickback scheme?

- Is it ethical? What's wrong with it?

- What impact does it have on the store and its customers?

3. Suppose you discover that your supervisor is accepting kickbacks or stealing from the company. Would you report it, ignore it, or handle it some other way? Explain your answer.

4. Suppose you think your supervisor or a co-worker is sexually harassing you.

- How can you determine whether or not the behavior constitutes sexual harassment?

- If you determine that it is sexual harassment, should you report it to upper management or try to deal with it yourself?

- What options do you have to deal with it yourself?

__________________________________________________ ___________

Attitude

Teamwork

Professionalism




1. Suppose you have some personal problems that are troubling you. Is it okay to attend to these problems while you are at work?

- To what degree (or under what circumstances) do you think it's okay to deal with your own personal affairs on company time?

2. What, if any, responsibilities does an employee have to his or her co-workers? Explain your answers, giving examples if you can.

3. How does a negative attitude affect other people in the workplace?

4. Suppose you are getting paid less than you think you deserve. Could that justify stealing from the company or goofing off on the job? Explain your answer.

- What other options might you have to remedy your dissatisfaction?

5. Suppose your supervisor instructs you to do something unethical or illegal. What responsibility do you have to that supervisor?

__________________________________________________ ___________

Ethics and Personal Responsibility

1. You are the lunchtime host at a popular restaurant. The waiting list is 30 minutes long. A customer offers you $20 to seat his party next. Would it be ethical to accept the offer? Explain your answer.

2. How do we know whether or not something is ethical? What does “ethical” mean?

3. Compile and bring to the next class a written list of five business situations in which people must make ethical decisions. The examples can be taken from home, school, work, TV shows or movies. For each situation, state:

1) What ethical question was raised?

2) Do you think the answer was easy or difficult?

3) How was the question resolved?

4) How would you have resolved it?"

4. When you accept a job, what does the employer owe you, and what do you owe the employer?

5. What is the obligation of a salesperson to a customer?

6. Draft a brief code of conduct specifying the rules that employees should follow in treating co-workers, including supervisors and subordinates, with respect.

7. How often to you think about whether something is right or wrong before you make a choice?

- If you care about doing the right thing, does that make your choices easier or harder?

8. How important is it to you to be a moral and ethical person? Why?

__________________________________________________ ___________

From India, Ahmadabad
Ajmal Mirza
35

Sorry, forgot to put in the source of the scenario's http://www.goodcharacter.com/NFS/SchoolToWork.html
From India, Ahmadabad
Deepali Singh
10

hi ajmal, a full list of questions, samajh nahi aa raha frm which question shud d discussion start. dips
From India, Delhi
scare_crow
2

dear ajmal....
and i used to think that i was the only one askin questions .....
u hav brought out some very good questions....we need some quality time to debate all that...next time u visit blr...we will meet and discuss it all....what say???
regards
scare_crow

From India, Mumbai
numerouno
12

Amjal,
Your scenarios would promote some good discussion. I particularly like the one about the customer always being right. Some of our business sections have to grapple with the tension between this concept and providing sound, informed advice.
Nice one.

From Australia, Ballarat
rajanassociates
50

Dear Numero Uno
Many of your ethical issues are presently irrelevant in Indian context.For example we dont have a Whistle Blower Legislation.
The numbers in the enforcement machinery cannot match the numbers to be enforced.
But a good one for Corporates and the Public Sector to begin with.
vs rajan associates
Chennai -India

From India, Bangalore
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