The Engineers Union of a leading utility provider in Sri Lanka are dead-locked in

discussions with the Management over demands they have made to seek enhancement to
the terms and conditions of their employment. If their demands are not met, they have
threatened Trade Union action, which will cause total disruption of the country.

a) As members of the IESL who are bound by the IESL’s Code of Ethics, how should
they resolve this problem?

The IESL Code of ethics was introduced by the Institution of Engineers Sri Lanka to define
accepted/acceptable behaviors and to promote high standards of practice amongst professional
engineers at all times during their profession.

In this case, the Engineering Union of the Utility Providing company has demanded the
Management for improvement in the terms and conditions related to their employment (in the
organization) , but their decisions are at halt due to fundamental disagreement. Therefore, they
have decided to threaten the Trade Union action which will cause total disruption of the country
as a utility provider is an organization providing the essential requirements such as electricity,
gas, water or sewerage facilities. A delay or failure to provide any of these services will
adversely affect the society and as a result the Management will be forced to take actions in favor
of the demands of the Engineering Union which is not an ethical manner to get problems solved
according to the IESL’s Code of Ethics.

As members of the IESL, necessary actions should be taken to resolve this issue but those
should be such that the IESL’s Code of Ethics is not violated at any instance.

The Clause 1 of IESL’s Code of Ethics is under the principle that the first requirement places the
interests of the community above all others. Thus, the engineers “shall endeavor at all times to
maintain engineering services essential to public welfare” (Rule 1.2) without causing
disturbances to the public. Furthermore, the code conveys that the engineers “shall not participate
in assignments that would create conflict of interest between the clients / employers and the
public and shall advise the client of their concerns.” (Rule 1.5) Such assignments maybe in the
form of strikes, taking of unapproved holidays and etc. Clause1 further states that one “shall not
knowingly participate in any act, which will result in waste or misappropriation of public funds”
(Rule 1.8) so the engineers should be mindful when threatening the Trade Union acts.

Moreover, the Code of Ethics further extends to Clause 2 which is based on the fundamental
concept that the engineering profession should endeavor by its behavior to merit the highest
esteem of the community. In other words, the engineers cannot take any action that hinders the
requirements and expectations of the society. Instead, they can resolve this issue by informing
the related authorities or induvial such as the IESL President or the Director of the company to
consider their request and provide suitable solutions without causing retardation of utility
supplies to the community and violating the code. Rule 2.1 illustrates that one “shall not involve
themselves with any business or professional practice, which they know to be fraudulent or
dishonest in nature.” This means that members of the Engineering Union cannot violently act to
this matter. For example, they cannot harm or create losses to the company intentionally.

Therefore, the best approach for this issue is to come to a neutral agreement such that neither of
the two parties are unsatisfied by the discussion.

b) In the unfortunate event of a violation of the Code, what action should the IESL take
against those who are IESL members.

The IESL council nominates a Disciplinary Committee consisting of six members at the first
meeting of each session to hear any disciplinary inquiries concerning the members. If the Code
of Ethics is violated by any IESL member, the council will take actions against those who are
responsible for the violation. The Disciplinary procedure is as follows.

 Any member against whom an allegation of misconduct is made in writing by an

individual or institution must be informed in writing by the President of the IESL of the
allegation and must have the opportunity to defend against the allegations (vide by Law
33.)
 The President, in consultation with the President - Elected, will decide whether the
member is justified.
 If the member is unable to defend himself, his case will be referred to a Disciplinary
Committee to investigate and inform the Council.
 The member will be notified in writing by the Executive Secretary:

• That charges were made for determination by the Disciplinary Committee;

• The names of the members of the Disciplinary Committee;

• That he is required to respond to the charges in writing to the President of the

Disciplinary Committee within fourteen days of the date of such notification;
 • That he is required to appear in person before the Disciplinary Committee at the
time set for the hearing of the charges; The schedule of evidence including the
list of witnesses to be presented to the Disciplinary Committee in support of the
charges;

 The date, place and time set for the initiation of the investigation and the hearing of the
charges by the Disciplinary Committee.
 The member can oppose any member of the Disciplinary Committee due to prejudice.
The reasons for such an objection need to be clearly stated. Objections to be considered
by a committee composed of the President, the President-elect and a Vice-President.
 The Executive Secretary will present the case against the member at the first meeting of
the Disciplinary Committee.
 The Disciplinary Committee will allow the member to be represented in the disciplinary
investigation by a Corporate Member of the Institution or he may decide to conduct his
own defense.
 The Disciplinary Committee will seek to complete the investigation within a month.
 If the member is absent without valid reason, the inquiry will be postponed and he / she
must be notified in writing by the Executive Secretary that the process will be carried out
ex parte.
 In the documentary evidence provided if the Disciplinary Committee considers that it is
not necessary to conduct an investigation that so decides.
 If a detailed investigation is decided, the following considerations, set out in Clause 10 of
the IESL Disciplinary Procedure, will apply.
 The Disciplinary Committee, at any stage of the investigation, may seek legal advice, if
necessary, with the approval of the President / Council.
 The Disciplinary Committee's decision on any procedural issue or objection raised for
procedural reasons will be final.

 The decision and any recommendations of the Disciplinary Committee made at the
conclusion of the inquiry shall be submitted to the President of the Institution within three
weeks thereafter. The President shall submit the decision and recommendation of the
Disciplinary Committee to the Council for action.
 The Council may by resolution expel or suspend for any period from membership,
reprimand or admonish any member found guilty of improper conduct. The Council may
 direct that such member shall make a contribution towards the expenses of the hearing
before the Disciplinary Committee.
 A member shall not be expelled except by a majority decision taken at a meeting of the
Council at which at least two thirds of the membership of the Council is present.
 The order of the Council on the recommendation of the Disciplinary Committee shall be
notified to the member by the Executive Secretary.
 The member can appeal in writing within one month of the date of receipt of such
notification
 The Council may refer such appeal to the Disciplinary Committee for their observations.
The decision of the Council shall be final and shall be conveyed to the member by the
Executive Secretary.

 The decision and any recommendations of the Disciplinary Committee made at the
conclusion of the investigation must be submitted to the President of the Institution within
three weeks afterwards. The President will submit the Disciplinary Committee's decision
and recommendation to the Council for action.
 The Council may, by resolution, expel or suspend membership for any period, rebuke or
warn any member found guilty of improper conduct. The Council may order that member
to contribute to the expenses of the hearing before the Disciplinary Committee.
 A member will not be expelled, except by majority decision taken at a Council meeting,
at which at least two thirds of the Council members are present.
 The Council's order, on the recommendation of the Disciplinary Committee, will be
notified to the member by the Executive Secretary.
 The member may appeal in writing within one month from the date of receipt of that
notification
 Council The Council may submit this appeal to the Disciplinary Committee for its
comments. The Council's decision will be final and will be transmitted to the member by
the Executive Secretary.