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OUMM3203

Professional Ethics

Copyright © Open University Malaysia (OUM)


OUMM3203
PROFESSIONAL
ETHICS
Dr Ho Jo Ann
Dr Tee Keng Kok

Copyright © Open University Malaysia (OUM)


Fourth edition 2021 (CS)
Third edition 2020
Second edition 2013
First edition 2011

Developed by Centre for Instructional Design and Technology, OUM.


Copyright © Open University Malaysia (OUM), OUMM3203
All rights reserved. No part of this work may be reproduced in any form or by any means without
the written permission of the President of Open University Malaysia (OUM).

www.oum.edu.my

Copyright © Open University Malaysia (OUM)


Table of Contents
Course Guide ixăxv

Topic 1 Moral Reasoning and Ethical Theory 1


1.1 Moral Reasoning and Ethical Theory 2
1.1.1 Meaning of Ethics 3
1.1.2 Meaning of Business Ethics 3
1.1.3 Meaning of Professional Ethics 4
1.1.4 Why Should Businesses be Ethical? 5
1.1.5 Formation of Individual Ethics 5
1.2 Normative Philosophy and Ethical Relativism 7
1.3 Ethical Principles 8
1.3.1 Eternal Law 9
1.3.2 Classical Teleological Ethical Theory: Utilitarianism 10
1.3.3 Classical Deontological Ethical Theory: Universalism 12
1.3.4 Distributive Justice Theory 14
1.3.5 Personal Liberty Theory 16
1.4 Normative Philosophy as Basis for Moral Choice 17
1.4.1 Golden Rule 18
1.4.2 Kantian Rights 18
Summary 21
Key Terms 22

Topic 2 Stakeholder Relationships 23


2.1 Concept of Stakeholder 24
2.1.1 Classification of Stakeholders 25
2.1.2 Support for Concept of Stakeholder 27
2.2 Stakeholder Management 28
2.2.1 Identifying a FirmÊs Relevant Stakeholders 29
2.2.2 Stakeholder Power 30
2.2.3 Stakeholder Legitimacy 32
2.2.4 Stakeholder Urgency 32
2.3 Responsibilities of a Firm towards Its Stakeholders 33
2.4 Managing Stakeholder Relationships 34
Summary 35
Key Terms 36

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iv  TABLE OF CONTENTS

Topic 3 Nature of Ethics in Modern Business 37


3.1 Ethical Problems as Managerial Problems 38
3.2 Characteristics of Ethical Problems in Management 38
3.2.1 Most Ethical Decisions Have Extended 39
Consequences
3.2.2 Most Ethical Decisions Have Multiple Alternatives 40
3.2.3 Most Ethical Decisions Have Mixed Outcomes 41
3.2.4 Most Ethical Decisions Have Uncertain 42
Consequences
3.2.5 Most Ethical Decisions Have Personal Implications 43
3.3 Examples of Ethical Problems in Management 44
3.4 Analysis of Ethical Problems in Management 47
3.5 Ethics in Islam 49
3.5.1 Universal Message 50
3.5.2 Shariah 50
3.5.3 Commerce and Business 52
3.5.4 Teachings about Economic Practices 52
3.5.5 Obligations of Piety 53
3.5.6 Conclusion 54
Summary 55
Key Terms 56

Topic 4 Managerial Ethics and Rule of Law 57


4.1 Rule of Law 58
4.2 Law as Guide to Moral Choice 59
4.3 Example of Moral Choice 61
4.4 Law as Combined Moral Judgment 62
4.5 Characteristics of Law 63
4.6 Relationship between Law and Moral Standards 65
4.7 Formation of Law 68
4.7.1 Individual Processes 68
4.7.2 Group Processes 71
4.7.3 Social Processes 73
4.7.4 Political Processes 74
4.8 Conclusion on Rule of Law as Basis for Moral Choices 75
Summary 77
Key Terms 78

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TABLE OF CONTENTS  v

Topic 5 Organisational Approaches in Improving Ethical Behaviour 79


5.1 Improving Ethical Climate in Organisations 81
5.1.1 Ethical Codes 81
5.1.2 Ombudsman Position 84
5.1.3 Ethics Hotlines 85
5.1.4 Ethics Training 86
5.2 Structural Causes of Unethical Behaviour 87
5.3 Solutions to Structural Causes of Unethical Behaviour 89
5.4 Ethical Responsibilities of Management 90
Summary 92
Key Terms 93

Topic 6 Social Responsibility and Organisations 94


6.1 Historical Views of Social Responsibility 96
6.1.1 Entrepreneurial Era 96
6.1.2 Depression Era 98
6.1.3 Social Era 100
6.2 Areas of Social Responsibility 101
6.3 Arguments on Social Responsibility 104
6.4 Organisational Approaches to Social Responsibility 105
6.5 Social Responsibility of Government 107
6.6 How Government Influences Organisations 108
6.7 How Organisations Influence Government 109
6.8 Managing Social Responsibility 109
6.9 Evaluating Social Responsibility 111
6.9.1 Social Audit 111
Summary 114
Key Terms 115

Topic 7 Corporate Governance 116


7.1 What is Corporate Governance? 117
7.1.1 Components of Corporate Governance 118
7.2 Perspective of Corporate Governance 119
7.3 Corporate Governance Dealing with Top Management 120
7.4 Why Study Corporate Governance? 121
7.5 Code of Corporate Governance 121
7.6 Future of Corporate Governance 126
Summary 128
Key Terms 128

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vi  TABLE OF CONTENTS

Topic 8 Moral Dimensions of Economic System 129


8.1 Economic System 130
8.2 Employment and Wages 131
8.2.1 Moral Right to Employment 133
8.2.2 Fair Hiring Practices 136
8.2.3 Affirmative Action and Preferential Treatment 137
8.2.4 Wages 139
8.2.5 Equal Pay for Equal Work 140
8.2.6 Equal Pay for Comparable Work 140
8.2.7 Share of Returns on Resources 141
8.3 Ranking and Rating 142
8.4 Ethical Implications for Performance Appraisal 143
Summary 145
Key Terms 146

Topic 9 Employees and the Workplace 147


9.1 Respecting EmployeesÊ Right to Privacy 148
9.2 Substance Abuse 150
9.3 Abusing Employees 152
Summary 155
Key Terms 155

Topic 10 Loyalty to a Company 156


10.1 What Loyalty Means 158
10.2 Whistle-blowing 160
10.2.1 Internal Whistle-blowing 161
10.2.2 External Whistle-blowing 163
10.3 Morality of Terminating Whistle-blowers 165
10.4 Improper Loyalty 165

Answers 168

References 184

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COURSE GUIDE

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COURSE GUIDE  ix

COURSE GUIDE DESCRIPTION


You must read this Course Guide carefully from the beginning to the end. It tells
you briefly what the course is about and how you can work your way through
the course materials. It also suggests the amount of time you are likely to spend
in order to complete the course successfully. Please keep on referring to the
Course Guide as you go through the course materials as it will help you to
clarify important study components or points that you might miss or overlook.

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.

As an open and distance learner, you should be able to learn independently


and optimise the learning modes and environment available to you. Before you
begin this course, please ensure that you have the correct course materials,
understand the course requirements, and know how the course is conducted.

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x  COURSE GUIDE

STUDY SCHEDULE
It is a standard OUM practice that learners accumulate 40 study hours for
every credit hour. As such, for a 3 credit hour course, you are expected to
spend 120 study hours. Figure 1 shows the student learning time (SLT).

Figure 1: Student Learning Time

COURSE LEARNING OUTCOMES


By the end of this course, you should be able to do the following:

1. Describe ethical theories, ethical issues and professional practices related


to business management.

2. Discuss good governance and economic system deals with opportunities


and issues related to employment and business management.

3. Justify the application of the ethical theories, law and moral judgement
to current problems in organisations.

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COURSE GUIDE  xi

COURSE SYNOPSIS
This course is divided into 10 topics. The synopsis for each topic is listed
as follows:

Topic 1 aims to introduce the learner to fundamental concepts and theories


of morals, the history and development of ethical theories, and a systematic
study of right and wrong with a critical application of ethical theories to current
social problems.

Topic 2 focuses on stakeholder relationships. Stakeholders are individuals or


groups who can be affected by the actions, decisions, policies or goals of an
organisation. Stakeholders can be categorised into market and non-market
stakeholders.

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 4 examines issues related to the law as a guide to managerial decisions


and actions, and the processes involved in the formation of the law.

Topic 5 focuses on unethical behaviour in an organisation and its causes.


The responsibilities of senior management are also discussed.

Topic 6 exposes the learner to the concept and effects of corporate social
responsibility and managing it effectively.

Topic 7 discusses corporate governance, its definition, reasons for studying it


and the future of corporate governance.

Topic 8 outlines general economic systems in dealing with issues related to


employment.

Topic 9 details the employeeÊs right to privacy and instances leading to violations
of privacy.

Topic 10 discusses the meaning of loyalty to a company or an organisation.

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xii  COURSE GUIDE

TEXT ARRANGEMENT GUIDE


Before you go through this module, it is important that you note the text
arrangement. Understanding the text arrangement will help you to organise your
study of this course in a more objective and effective way. Generally, the text
arrangement for each topic is as follows:

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.

Self-Check: This component of the module is included in strategic locations


throughout the module. It may be located after one subtopic or a few subtopics.
It usually comes in the form of a question. When you come across this component,
reflect on what you have already learnt thus far. By attempting to answer the
question, you should be able to gauge how well you have understood the
subtopic(s). Most of the time, the answers to the questions can be found directly
in the module itself.

Activity: Similar to Self-Check, the Activity component is also placed at various


locations or junctures throughout the module. This component may require you
to answer questions, explore short case studies or conduct an observation or
research. It may even require you to evaluate a given scenario. When you come
across an Activity, you should try to reflect on what you have gathered from the
module and apply it to real situations. You should, at the same time, engage in
Higher Order Thinking skills (HOTs) i.e. analysing, synthesising and evaluating
instead of only recalling and defining.

Summary: You will find this component at the end of each topic. It summarises
various important parts of each topic and 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.

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COURSE GUIDE  xiii

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: A list of relevant and useful textbooks, journals, articles, electronic


contents and sources can be found in this section. The list may appear in a few
locations such as in the Course Guide (in 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 references to obtain additional information and 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.

Freeman, R. E. (1984). Strategic Management: A Stakeholder Approach. Boston:


Pitman Publishing.

Hosmer, L. (1991). The ethics of management (2nd ed.). Boston: Irwin.

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xiv  COURSE GUIDE

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.

TAN SRI DR ABDULLAH SANUSI (TSDAS)


DIGITAL LIBRARY
The TSDAS Digital Library has a wide range of print and online resources
for learners. This comprehensive digital library, which is accessible through the
OUM portal, provides access to more than 30 online databases and several of
them are shown in Figure 2. As an OUM learner, you are encouraged to make
full use of the resources available through this library.

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COURSE GUIDE  xv

Figure 2: Among the Online Databases Available at TSDAS Digital Library

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xvi  COURSE GUIDE

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Topic  Moral
Reasoning and
1 Ethical Theory
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define ethics from both the business and professional points of
view;
2. Explain the five factors involved in the formation of individual
ethics;
3. Explain normative philosophy and ethical relativism;
4. Compare all major ethical systems; and
5. Apply the relevant ethical theories to ethical issues raised in
business and professional practice.

 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.

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2  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

1.1 MORAL REASONING AND ETHICAL


THEORY
Ethical problems are truly complex in managing an organisation. These problems
are complex because of the following attributing characteristics (which will be
elaborated further in Topic 3):

(a) Extended consequences;

(b) Multiple alternatives;

(c) Mixed outcomes;

(d) Uncertain consequences; and

(e) Personal implications.

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:

(a) Affect other people negatively; or

(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.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  3

1.1.1 Meaning of Ethics


What is ethics?

Ethics can generally be defined as principles of morally acceptable conduct


of individuals. Ethics also means an individualÊs personal beliefs about
right and wrong behaviours.

Although this simple definition communicates the essence of ethics, three


implications warrant additional consideration:

(a) Ethics is individually defined. People have ethics whereas organisations


do not;

(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.

1.1.2 Meaning of Business Ethics


While ethics generally refers to the conception of right and wrong (Lawrence &
Weber, 2011), business ethics refers to the application of ethical values and ideas
on issues that arise in the business context. According to the Cambridge Business
English Dictionary, business ethics means rules, principles, and standards for
deciding what is morally right or wrong when doing business. It is not different
from ethics in general. For example, if we consider lying to be unethical, then
anyone in business who lies about his products or the financial performance of
his company to his stakeholders is acting unethically as well.

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4  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

1.1.3 Meaning of Professional Ethics


Do you know what professional ethics is?

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.

Some organisations have many groups of professional employees such as nurses,


lawyers, researchers, doctors and accountants, whose behaviour is governed
by professional ethics. Professional ethics help to shape an organisationÊs
culture and determine the values of its members in their dealings with other
stakeholders. Most professional groups are allowed to enforce the ethical
standards of their profession. Professional groups, such as doctors and lawyers,
can be banned from practising if they violate their professional rules.

ACTIVITY 1.1

Answer the following questions on ethics.

(a) How do you define the term „ethics‰?

(b) How does ethics affect your life? Give several examples.

Discuss your answers with your coursemates in the myINSPIRE online


forum.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  5

1.1.4 Why Should Businesses be Ethical?


Ethics plays a prominent role in business as it is required in any kind of
business conduct. Businesses should be ethical for two main reasons:

(a) Significant Influence on Environment and Stakeholders


Business actions can affect the natural environment and an organisationÊs
various stakeholders such as its customers, employees and the community.
Since businesses can have an enormous influence on their stakeholders,
an organisation has to be responsible and ethical in its actions.

(b) Enhance the Business Performance


Business ethics enhances the organisationÊs business performance.
Businesses recognise that ethical actions can directly affect their
organisationÊs bottom line (Lawrence & Weber, 2011). Being unethical
can have detrimental effects on an organisation as shown below.

A study conducted by the University of Washington found that


companies which had misstated their accounting information lost
41 per cent of their market value after their misdeed was discovered.
This is because dishonest firms tend to lose their customers and face
higher financing costs.

Source: Institute for Global Ethics (2006)

1.1.5 Formation of Individual Ethics


What makes some individuals ethical and others unethical? Why are some
people honest while others are dishonest? Various factors are instrumental in
the formation of individual ethics, as shown in Figure 1.1.

Figure 1.1: Factors that form individual ethics

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6  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

(a) Family Influences


Individuals start to form their ethical standards from childhood in response
to their perception of their parentsÊ behaviours. Children are more likely to
adopt high ethical standards if they see that their family members adhere to
high standards (such as being truthful) and if they receive rewards for
conforming, and punishment for not conforming, to these standards.

However, if family members engage in unethical behaviours (such as being


untruthful) and allow their children to do the same, then the latter are likely
to develop lower ethical standards.

(b) Peer Influences


When children enter school, they are influenced by peers with whom
they interact every day. Peer influence is when you choose to do something
you wouldnÊt otherwise do, because you want to feel accepted and valued
by your friends.

For example, if a childÊs friends engage in shoplifting, vandalism or drug


abuse, the child might decide to do the same. Conversely, if the childÊs
peers have higher ethical standards and reject the said behaviours, he is likely
to adopt their standards.

(c) Life Experiences


Dozens of important events, both positive and negative, shape peopleÊs
lives and influence their ethical beliefs and behaviour. These events are a
part of growing up and maturing.

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.

(d) Personal Values and Morals


Values and morals also influence a personÊs ethical standards. For instance,
a person who places financial gain and personal advancement as top
priorities will adopt a personal code of ethics that promotes the pursuit
of wealth.

Thus, he may be ruthless in attempting to gain these rewards regardless of


the cost to others. A person who gives priority to his family will adopt a
different ethical standard.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  7

(e) Situational Factors


The final determinant of an individualÊs ethics is situational factors.
Sometimes, people unexpectedly find themselves in situations that cause
them to act against their better judgment.

For example, some people who cheat on their expense accounts do so


because of personal financial difficulties. Although this does not justify
their dishonesty, it does provide some context for understanding why
people might sometimes behave unethically if they have no other choice.

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.

1.2 NORMATIVE PHILOSOPHY AND ETHICAL


RELATIVISM
Moral reasoning requires understanding of normative philosophy. Philosophy
is the study of thought and conduct. Therefore, normative philosophy is the
study of proper thought and conduct, that is, how we should behave.

Normative philosophers have been looking at the issue of normative philosophy


for more than 2,400 years ago, since the time of Plato. They have attempted to
establish a logical thought process based upon an indisputable principle that
would determine whether an act is labelled as the following:

(a) Right or wrong; or

(b) Good or evil; or

(c) Fair or unfair.

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8  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

The next issue to be addressed in this description of the techniques of moral


reasoning concerns ethical relativism. According to ethical relativism, ethical
principles should be defined according to historical period, societyÊs cultures,
special situational behaviour or personal view. The question here is very basic.
Are there objective universal principles upon which one can construct an
ethical system of belief that is applicable to all groups, in all cultures and at
all times? Moral standards of behaviour differ between groups within a single
culture, between cultures and between times. For example, in contemporary
Malaysia, moral standards for decisions on product safety differ between
leaders of consumer interest groups and executives of major industrial
corporations. It is also probable that these standards of product safety would
differ even more greatly between Malaysia and the United States, or between
the contemporary period and the late 19th century.

SELF-CHECK 1.1

Explain these terms briefly:

(a) Normative philosophy; and

(b) Ethical relativism.

1.3 ETHICAL PRINCIPLES


The universal recognition that we owe something to other people within our
society, and that we are bound by a concept of right and wrong in our behaviour
to those people, has to be made operational. We have to establish some consistent
analytical methods of classifying our action as right or wrong.

If we cannot, it is not due to lack of trying. As indicated earlier, intellectual history


over the past 2,400 years is filled with attempts to justify moral standards and
establish ethical systems. None of it is perfect but there are at least five major
theories that have a direct relevance to managerial decisions. Figure 1.2 shows
the five major theories.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  9

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.

1.3.1 Eternal Law


Many religious leaders and some philosophers such as Thomas Aquinas and
Thomas Jefferson believed there is an eternal law (also known as natural law)
incorporated in the mind of God. The law is apparent in the state of nature
and revealed in the Holy Scripture. It would be immediately obvious to any
man or woman who will take time to study nature or the scripture. Jefferson,
the first of the secular humanists, believed that the truths of this law were
self-evident. As quoted below, he said that the rights were inalienable and that
duties could easily be derived from these rights.

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10  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

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.

1.3.2 Classical Teleological Ethical Theory:


Utilitarianism
Did you realise that the teleological approach to managerial ethics places
complete emphasis on the outcome and not on the intent of individual actions?
„Teleology‰ is derived from the Greek term which means outcome or result.

Some of the most influential philosophers in the Western tradition such as


Jeremy Bentham and J. S. Mill hold that the moral worth of personal conduct
can be determined solely by the consequences of the behaviour. That is, an act
or decision is right if it benefits people. Conversely, it is wrong if it leads to
damage or harm. The objective, obviously, is to create the greatest degree of
benefits for the largest number of people while incurring the least amount of
damage or harm.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  11

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.

Figure 1.3: Adverse outcomes of negative costs


Source: (a) http://www.pharmacyescrow.com; (b) http://ilovemyself.net

This teleological ethical system which focuses on net consequences rather


than individual intentions is termed utilitarianism. It is commonly associated
with Jeremy Bentham (1748ă1832), a British thinker. The name of the philosophy
is derived from the word utility which, in the 18th century, referred to the
degree of usefulness of a household object or domestic animal. In microeconomic
theory, it measures our degree of preference for a given good or service relative
to price. In utilitarian theory, the term 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 as shown below.

„The greatest good for the greatest number ‰ takes precedence in utilitarian
theory over „The greatest good for a smaller, more elite number.‰

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12  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

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.

Utilitarianism fails because of these factors:

(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.

1.3.3 Classical Deontological Ethical Theory:


Universalism
The word „deontology‰ is a Greek term referring to the duties or obligations
of an individual. The deontological approach (as shown below) to managerial
ethics is, in essence, the opposite of teleological theory.

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.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  13

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.

Personal intentions can be translated into personal duties or obligations because


if we truly wish the best for others, then we will always act in certain ways to
ensure beneficial results. Those ways become duties that are compulsory upon us
rather than choices that are open to us. Our personal duties are universal,
applicable to everyone and consequently much of deontological theory is also
termed as universalism. The first duty of universalism is to treat others as ends
and not as means. Other people should be seen as valuable ends in themselves,
worthy of dignity and respect, and not as impersonal means to achieve our own
means. No action can be considered right in accordance with personal duty if it
disregards the ultimate moral worth of any other human being.

What is wrong with universalism?

(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).

Figure 1.4: Means of our personal ends

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14  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

1.3.4 Distributive Justice Theory


Neither of the two classical theories mentioned above, utilitarianism or
universalism, can be used to judge all moral actions under all circumstances.
Consequently, two modern ethical systems have been developed that are based
upon values rather than principles.

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).

Figure 1.5: Collaboration


Source: http://media5.picsearch.com

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  15

(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.

Figure 1.6: Conflict


Source: http://int.search.myway.com

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.

People would not normally select absolute equality in the distribution of


benefits. This is because they recognise that some of them put forth greater
effort and have higher skills. They would also not agree to absolute inequality
based upon effort, skill or competence because they would not know who among
them have those qualities and consequently who among them should receive
more or less benefits. Instead, they would develop a concept of conditional
inequality, where differences in benefits have to be justified. They would
propose a rule to ensure that these differences in benefits be justified only if
they are shown to result in compensating benefits for everyone, particularly the
most disadvantaged members of their society.

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16  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

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.

1.3.5 Personal Liberty Theory


The theory of personal liberty is an ethical system proposed by Robert Nozick
(1974). This system is based upon the primacy of a single value rather than a
single principle: liberty. Liberty is thought to be the first requirement of society.
An institution or law that violates individual liberty has to be rejected even
if it may result in greater happiness and increased benefits for others.

Nozick agrees that society is an association of individuals, and that cooperation


between these individuals is necessary for economic gains. The holdings of each
individual (in income, wealth and the other bases of self-respect) are derived
from other people in exchange for goods or services, or received as gifts.
An existing pattern of holdings may have come about through application of
any of the principles of distribution (to each equally, or to each according to
need, effort, contribution or competence). However, these patterns will be
changed by transfers. These transfers, by exchange or gift, can be considered
just as long as they are voluntary.

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.

What is lacking in this concept of liberty? It is based on a very narrow


definition of liberty which is limited to the negative right not to suffer from the
intrusion of others. The right to life, for instance, is the right not to be killed by
others. However, it may also include the right to continue living through access
to some minimal level of food, shelter, clothing and medical assistance, which
come from personal initiative, rather than social cooperation.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  17

SELF-CHECK 1.2

Using a mind map, summarise these five ethical theories:

(a) Eternal law theory (Natural law);

(b) Classical teleological ethical theory: Utilitarianism;

(c) Classical deontological ethical theory: Universalism;

(d) Distributive justice theory; and

(e) Personal liberty theory.

Complete the following exercises to check your understanding.

EXERCISE 1.1

1. Compare and contrast some of the features of utilitarianism and


universalism with respect to ethical theory.

2. Discuss some weaknesses of each ethical theory that you have


studied.

1.4 NORMATIVE PHILOSOPHY AS BASIS FOR


MORAL CHOICE
As elaborated earlier, there are five major ethical theories. Although they do not
outwardly conflict with each other, they cannot be reconciled into a logically
consistent whole. Each system expresses only a portion of the truth and each is
incomplete or inadequate as a means of judging the moral content of individual
actions or decisions.

What Does This Mean to Managers?


The major implication for managers is that there is no single system of belief,
with rationally derived standards of moral behaviour or methods of moral
reasoning, that can fully guide them in reaching difficult ethical decisions.

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18  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

What Should We Do?


Instead of using just one ethical system, we should incorporate all five systems
and think through the consequences of our actions. Moral reasoning, which
utilises all five ethical systems, is not simple or easy, but it does work, especially
when combined with economic and legal analysis.

We have looked at all the major systems, now, let us shift our attention to the
following two significant ethical perspectives:

(a) Golden rule; and

(b) Kantian rights.

1.4.1 Golden Rule


The Golden Rule is a principle based on a verse in the Bible which says, „Do unto
others as you would have them do unto you‰. However, this principle can also
be found in most, if not all, world religions. It requires identifying various
courses of action and choosing the one that treats others the way you would
want to be treated. In terms of business organisation, „others‰ refers to the
organisationÊs stakeholders. Stakeholders include the organisationÊs investors,
partners, employees, unions, customers, suppliers and governments.

1.4.2 Kantian Rights


Derived from the view of philosopher, Immanuel Kant (1785), this perspective
assumes that in a moral universe, every person has certain basic rights,
as shown in Table 1.2:

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  19

Table 1.2: Kantian Rights

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.

Freedom of People have the right to conscientiously criticise an organisationÊs


criticising ethics, as long as their criticisms do not violate the rights of
individuals in the organisation.

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

In your view, are the personal rights expounded by Kant upheld in


your organisation? Discuss with your coursemates.

EXERCISE 1.2

1. What are ethics? How are individual ethics formed?

2. Elaborate on some personal rights indicated by Immanuel Kant.

3. Do you agree with the Golden Rule? How does it contrast


with Islamic teachings or other beliefs?

4. In your opinion, what is the most important factor that influences


the formation of individual ethics?

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20  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

ACTIVITY 1.4

Read this case study:

You are a senior analyst in a corporation that evaluates companies


for possible mergers and acquisitions. If you juggled the figures on
a certain companyÊs financial statement, it would look like the
company has the potential for a takeover. Your firm would receive
a hefty fee from the acquiring company and your own outlook for
increased salary and advancement would improve significantly.

Here are some key points of the good and bad consequences to be
weighed:

(a) Your companyÊs profits will be enhanced, allowing it to pay higher


salaries to employees and higher dividends to shareholders.

(b) Your own financial and career interests will be enhanced.

(c) The acquiring company may find itself with a company that is
not financially viable and may incur severe losses as a result.

(d) Your companyÊs reputation and long-term prospects would be


affected if your deception became known.

(e) Your own personal reputation and future would be jeopardised


as well.

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.

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TOPIC 1 MORAL REASONING AND ETHICAL THEORY  21

 Ethics refers to an individualÊs personal beliefs about right and wrong


behaviour.

 An individualÊs ethics is shaped by influences of family and peers, life


experiences, personal values and morals and situational factors.

 Moral reasoning provides reasons and grounds for determining whether


an action is morally right or wrong. Some theorists argue that there is
one universal moral standard for everyone (moral absolutism), while others
argue that no such standard exists (moral relativism).

 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.

 Utilitarianism states that the outcome of a decision or action is of prime


importance and that it is the results that truly matter in our treatment of
other people. The principle to be followed is that of beneficiency: a decision
or act is right, proper and good only if it generates the greatest amount of
benefit for the largest number of people at the lowest cost or harm to others.

 Universalism states that it is the intent behind a decision or action that is


important, as we can never accurately foresee and evaluate all possible results.
The principle to be followed is that of consistency: a decision or act is right,
proper and good only if we can convince everyone facing the same set of
circumstances to make the same decision or perform the same act.

 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.

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22  TOPIC 1 MORAL REASONING AND ETHICAL THEORY

Business ethics Kantian rights


Distributive justice Moral reasoning
Eternal law Normative philosophy
Ethical relativism Personal liberty
Ethics Professional ethics
Golden rule Universalism
Individuals ethics Utilitarianism

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Topic  Stakeholder
Relationships
2
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Identify stakeholders, primary stakeholders and secondary
stakeholders;
2. Discuss why organisations should subscribe to stakeholdersÊ
views based on normative, instrumental and descriptive
arguments;
3. Discuss the concept of stakeholder management;
4. Identify a firmÊs relevant stakeholders based on three elements; and
5. Explain an organisationÊs responsibilities towards its stakeholders.

 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.

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24  TOPIC 2 STAKEHOLDER RELATIONSHIPS

2.1 CONCEPT OF STAKEHOLDER


Before we delve into the definition and concept of stakeholders, let us first
understand the definition of „stake‰. A stake is an interest, claim or share in
an undertaking or enterprise. A large organisation has many stakeholders
(see Figure 2.1).

Figure 2.1: Stakeholders


Source: https://www.google.com

In business terms, the definition of stakeholders is as shown below:

„Individuals or groups who can affect or are affected by the actions, decisions,
policies, practices or goals of an organisation‰.
(Freeman, 1984)

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TOPIC 2 STAKEHOLDER RELATIONSHIPS  25

2.1.1 Classification of Stakeholders


Generally, there are two categories of stakeholders based on the nature of their
relationship with an organisation. Wheeler and Sillanpaa (1997) categorised
stakeholders into two:

(a) Market Stakeholders/Primary Stakeholders

„Market stakeholders are individuals or groups who have a direct


interest in the organisation as well as engaged in economic transactions
with the organisation as it produces its goods and services‰.

(Lawrence & Weber, 2011)

Primary stakeholders include customers, shareholders, suppliers, creditors


and employers. For example, a shareholder as a primary stakeholder
contributes capital to an organisation in the form of investment in exchange
for dividends. The shareholder can also influence the organisationÊs policies
as the shareholder can elect members of a firmÊs board of directors. He also
has the right to vote on a firmÊs decisions such as mergers and acquisitions.

(b) Non-market Stakeholders/Secondary Stakeholders

„Non-market stakeholders include individuals and groups who are


not engaged in a direct economic transaction with the organisation
but are affected by or can affect its actions‰.
(Lawrence & Weber, 2011)

Secondary stakeholders include communities, the media, business support


groups, the government and the general public. The media can affect
the organisation through news that a newspaper or magazine publishes.
While for the community, it can also be affected by the organisationÊs
policies and decisions.

For example, the health of a community can be at stake if a firm decides to


dump its toxic waste into the rivers and streams that the community uses.
On the other hand, the community can also affect the organisationÊs
operations if the community does not welcome an organisation and objects
to its plans to set up operations in the communityÊs neighbourhood.

Copyright © Open University Malaysia (OUM)


26  TOPIC 2 STAKEHOLDER RELATIONSHIPS

Let us now look at Table 2.1 which shows examples of an organisationÊs market
and non-market stakeholders.

Table 2.1: OrganisationÊs Market and Non-market Stakeholders

Market Stakeholders Non-market Stakeholders

Employees Local communities

Owners/Stockholders/Shareholder Social activists

Customers Media

Suppliers Business support groups (e.g. trade


associations)

Competitors Government

Retailers/Wholesalers Federal, state and local governments

Creditors General public

SELF-CHECK 2.1

1. What is the definition of stakeholder?

2. Identify two types of stakeholders.

3. Give three examples of each type of stakeholder.

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TOPIC 2 STAKEHOLDER RELATIONSHIPS  27

2.1.2 Support for Concept of Stakeholder


Donaldson and Preston (1995) identified three arguments for the concept of
stakeholder. Organisations should follow the concept based on three stakeholder
theory arguments:

(a) Descriptive Argument

„The descriptive argument describes how organisations manage and


interact with their stakeholders‰.

(Donaldson & Preston, 1995)

Although an organisationÊs financial performance is important, the


organisation still needs to be concerned about these aspects:

(i) Producing safe and innovative products for its customers;

(ii) Providing a safe and healthy work environment for its employees; and

(iii) Complying with government regulations.

(b) Normative Argument

„The normative argument says that taking care of its stakeholders is


simply the right thing for organisations to do. As organisations have
vast power and resources, they have a duty towards all those affected
by the organisationÊs actions‰.

(Lawrence & Weber, 2011)

(c) Instrumental Argument

„The instrumental argument says that stakeholder theory is an


effective corporate strategy. Companies that take into consideration
the rights and concerns of their stakeholders tend to perform better
in the long run over those who do not‰.

(Lawrence & Weber, 2011)

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28  TOPIC 2 STAKEHOLDER RELATIONSHIPS

ACTIVITY 2.1

Discuss why organisations should subscribe to the stakeholder view


based on these arguments:

(a) Descriptive;

(b) Normative; and

(c) Instrumental.

EXERCISE 2.1

1. What is the difference between a market stakeholder and a


non-market stakeholder?

2. Read the following situation.

You are a fruit juice manufacturer. You just learned that a


few customers have become sick from drinking your product.
You suspect that the juice was not properly pasteurised. You
need to ensure this incident causes minimal damage to your
reputation.

Identify the stakeholders affected by this incident.

2.2 STAKEHOLDER MANAGEMENT


An organisation has many stakeholders to whom it is accountable. Managers
must manage their relationships well with their organisationÊs stakeholders.
Failing to address the concerns of their stakeholders can damage a firmÊs
reputation and ultimately affect its bottom line. Stakeholder management has
become increasingly important as managers discover that their organisationÊs
stakeholder groups have to be relatively satisfied for the firm to meet its
objectives (Carroll & Buchholtz, 2006).

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TOPIC 2 STAKEHOLDER RELATIONSHIPS  29

Do you know the meaning of stakeholder management? Let us have a look at


its meaning.

Stakeholder management refers to 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.

Organisations that want to implement stakeholder management must first


identify their relevant stakeholders. We will discuss this matter in the next
subtopic.

EXERCISE 2.2

Do you think it is important for an organisation to engage in stakeholder


management? Provide reasons for your answer.

2.2.1 Identifying a Firm’s Relevant Stakeholders


An organisation must identify its relevant stakeholders. We have discussed
earlier two main types of stakeholders. However, not all stakeholders are
relevant to an organisation.

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.

In order to identify stakeholders who are relevant to an organisation, managers


must understand the characteristics of their stakeholders. A manager may identify
a firmÊs relevant stakeholder based on these elements:

(a) Stakeholder power;

(b) Stakeholder legitimacy; and

(c) Stakeholder urgency.

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30  TOPIC 2 STAKEHOLDER RELATIONSHIPS

2.2.2 Stakeholder Power


What is the meaning of stakeholder power?

„Stakeholder power refers to the ability to use resources to make an event


happen or to secure a desired outcome‰.
(Lawrence & Weber, 2011)

Stakeholders may have these types of symbolic power over the organisation:

(a) Coercive Power

„Coercive power involves the use of physical force or violence‰.

(Thorne, Ferrell & Ferrell, 2008)

Stakeholder groups such as environmental activists can have coercive


power when they protest against an organisationÊs policy or action and
destroy the organisationÊs facilities during their protest. Figure 2.2 shows
some environmentalists gathering support for the cause of the planet.

Figure 2.2: Environmentalists gathering support for a cause


Source: http://static.guim.co.uk

Copyright © Open University Malaysia (OUM)


TOPIC 2 STAKEHOLDER RELATIONSHIPS  31

(b) Utilitarian Power

„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)

(c) Symbolic Power

„Stakeholders can possess symbolic power when they have access to or


are able to use symbols or prestige‰.
(Thorne et al., 2008)

For example, a letter written by a minister on a ministry letterhead would


have symbolic power compared to a plain letter. The Internet can also be a
form of symbolic power when it is able to command the attention of
the media or government.

ACTIVITY 2.2

Identify at least five stakeholders in your organisation. Explain the


types of power these stakeholders have over your organisation. Share
your answer with your coursemates in myINSPIRE.

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32  TOPIC 2 STAKEHOLDER RELATIONSHIPS

2.2.3 Stakeholder Legitimacy


Do you know the meaning of stakeholder legitimacy? Let us refer below to
know its meaning.

„Stakeholder legitimacy refers to whether the stakeholderÊs claims are


justified or proper within a given context. A stakeholderÊs claim can be
considered legitimate when their claims are judged to be reasonable by
other stakeholders and society.‰
(Thorne et al., 2008)

For example, it would be legitimate for consumers to expect an organisation


to produce safe products for their consumption. Therefore, an organisation
would want to address consumersÊ concerns if they are faced with criticism of
unhealthy food. Shareholders, institutional investors and board of director
members who own shares all have legitimate claims of ownership because they
are all owners of the organisation.

2.2.4 Stakeholder Urgency


Urgency refers to how fast an organisation responds to its stakeholdersÊ needs.
The more powerful the stakeholder and the higher the legitimacy of the
stakeholder issue, the faster the organisation needs to respond to the particular
issue at hand. According to Mitchell, Agle and Wood (1997), the urgency of an
issue will depend on these factors:

(a) Time sensitivity


This refers to the degree to which there is managerial delay in attending
to a claim or relationship of a stakeholder.

(b) Criticality
This refers to the importance of a claim or relationship to a stakeholder.

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TOPIC 2 STAKEHOLDER RELATIONSHIPS  33

SELF-CHECK 2.2

Briefly explain the following elements:

(a) Stakeholder power;

(b) Stakeholder legitimacy; and

(c) Stakeholder urgency.

2.3 RESPONSIBILITIES OF A FIRM TOWARDS


ITS STAKEHOLDERS
When a manager has identified an organisationÊs relevant stakeholders, the next
logical question would be this:

What are my firmÊs responsibilities to these stakeholders?

The organisationÊs responsibilities towards its stakeholders can be thought of


as the companyÊs corporate social responsibility (CSR) which will be discussed
in Topic 6. An organisationÊs social responsibility includes its economic, legal,
ethical and philanthropic responsibilities as shown in Table 2.2 below.

Table 2.2: OrganisationÊs Responsibilities towards Its Stakeholders

Responsibilities Explanation

Economic Be profitable; maximise sales and minimise costs. Provide investors


with adequate and attractive returns for their investments.

Legal Obey all laws and regulations such as environmental, employment


and consumer laws.

Ethical Do what is right, fair and just. Assert ethical leadership in the
organisation. Operate the minimum legal requirement.

Philanthropic Be a good corporate citizen; engage in volunteerism. Give support to


the community by providing education programmes, healthcare
services, cultural and arts programmes.

Source: Carroll & Buchholtz (2006)

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34  TOPIC 2 STAKEHOLDER RELATIONSHIPS

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.

2.4 MANAGING STAKEHOLDER


RELATIONSHIPS
Carroll and Buchholtz (2006) identified three strategic steps that can lead
organisations to manage their stakeholder relationships successfully. These are:

(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.

(b) Create Vision or Value Statements Which Include Stakeholders


Reinforce your organisationÊs commitment to its stakeholders in a public
statement.

(c) Implement a Stakeholder Performance Measurement System


Such a system should be auditable, integrated and monitored as stakeholder
relations are improved. Measurement indicates that there is serious intent
to achieve results and the presence of such a system will ensure the
stakeholdersÊ sustainable commitment to the organisation.

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TOPIC 2 STAKEHOLDER RELATIONSHIPS  35

EXERCISE 2.3

State whether the following statements are True or False:

(a) Stakeholders are divided into two categories: primary and


secondary. (____)

(b) An organisation only has the following responsibilities towards


its stakeholders:

(i) Economic responsibility

(ii) Legal responsibility

(iii) Ethical responsibility (____)

 Stakeholders are individuals or groups who can affect or be affected by


the actions, decisions, policies, practices or goals of an organisation.

 Stakeholders can be categorised into market and non-market stakeholders.

 Organisations should follow the stakeholder concept based on three


stakeholder theory arguments: descriptive, normative and instrumental.

 Managers have to be on good terms with their organisationÊs stakeholders.


Failure in meeting the needs of stakeholders can damage a firmÊs reputation
and ultimately affect its bottom line.

 An organisation must clearly identify its relevant stakeholders to ensure the


continuity of the organisation.

 A manager may identify a firmÊs relevant stakeholders based on stakeholder


power, legitimacy and urgency.

 An organisation has economic, legal, ethical and philanthropy responsibilities


towards its stakeholders.

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36  TOPIC 2 STAKEHOLDER RELATIONSHIPS

 The strategic steps that can lead organisations to manage their stakeholder
relationships successfully are as follows:

 Integrate stakeholder management into the firmÊs philosophy, values


and vision;

 Create vision or value statements which include stakeholders; and

ă Implement a stakeholder performance measurement system.

Descriptive argument Stakeholder


Instrumental argument Stakeholder legitimacy
Market stakeholder Stakeholder management
Non-market stakeholder Stakeholder power
Normative argument Stakeholder urgency

Copyright © Open University Malaysia (OUM)


Topic  Nature of
Ethics in
3 Modern
Business
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Explain some ethical problems in management;
2. Elaborate on the five characteristics of ethical problems in
management;
3. Explain three methods for analysing ethical problems in
management; and
4. Discuss ethics from the Islamic perspective.

 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.

Copyright © Open University Malaysia (OUM)


38  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

3.1 ETHICAL PROBLEMS AS MANAGERIAL


PROBLEMS
Ethical problems are managerial problems because they represent a conflict
between an organisationÊs economic and social performances. There should be a
right or proper balance between economic and social performances. Thus, the
managementÊs dilemma is to strike a balance between economic and social
performances. Let us examine the factors that enter into that balance and consider
various theoretical structures that may assist management in finding solutions.

3.2 CHARACTERISTICS OF ETHICAL PROBLEMS


IN MANAGEMENT
According to Hosmer (1991), there are five characteristics of ethical problems
in management as presented in Figure 3.1.

Figure 3.1: Five characteristics of ethical problems in management

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  39

Subtopics 3.2.1ă3.2.5 are derived from the book, The Ethics of Management,
by LaRue Tone Hosmer (1991).

Let us look at each characteristic in the following subtopic.

3.2.1 Most Ethical Decisions Have Extended


Consequences
Do you realise that the results of managerial decisions and actions do not stop
with first-level consequences? Rather, they extend throughout the society, and
that extension constitutes the essence of the ethical argument. The argument
states that the decisions of managers have an impact on those within and
outside the organisation: the society. Since the impact is beyond their control,
managers need to seriously consider their decisions.

The following are examples as shown in Figure 3.2:

(a) Bribes change governmental processes.

(b) Pollution affects environmental health.

(c) Unsafe products destroy lives.

Figure 3.2: Bribes, pollution and unsafe products


Source: https://www.google.com

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40  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

There is little disagreement here, as most people recognise the extended


consequences of managerial actions. Disagreements, if any, usually arise from
the existence of multiple alternatives, mixed outcomes, uncertain consequences
and personal implications that complicate the decision-making process leading
to those actions.

So, let us look at the remaining four characteristics of ethical problems which
play a significant role in the management of an organisation.

3.2.2 Most Ethical Decisions Have Multiple


Alternatives
It is commonly thought that ethical issues in management are primarily
dichotomous, a yes or no choice, with no other alternatives.

For example, some would assume that these would be the questions dealt with
in an organisation:

(a) Should a manager pay bribes or not?

(b) Should a factory pollute the air or not?

(c) Should a company manufacture unsafe products or not?

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.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  41

Figure 3.3: Example of a managerial dilemma

3.2.3 Most Ethical Decisions Have Mixed Outcomes


It is commonly thought that ethical issues in management are largely antithetical,
with directly opposed financial returns and social costs. For example:

(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.

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42  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

ACTIVITY 3.1

You are the owner of an organisation. You intend to develop a


sophisticated product to cater to the societyÊs needs. In order to be able
to produce the product, your organisation needs to conduct several
experiments which will pollute the air quality.

How do you deal with this situation using the ethical choice of
multiple alternatives? Discuss with your coursemates.

3.2.4 Most Ethical Decisions Have Uncertain


Consequences
It is commonly thought that ethical issues in management are free of risk and
doubt, with a known outcome for each alternative. For example:

(a) Pay the bribe, and receive the imported goods promptly.

(b) Invest in pollution-control equipment, and emissions will be reduced.

(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.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  43

3.2.5 Most Ethical Decisions Have Personal


Implications
Most ethical decisions have personal implications. It is commonly thought
that ethical issues in management are largely impersonal, divorced from the lives
and careers of managers. Many people believe that prima facie ethical decisions
in a given operation may reduce the profits of the company but not the
executivesÊ salaries or their opportunities for promotion.

Managerial controls, however, are designed to record financial results of the


operations, not the ethical quality of the decisions that led to those results.
Most incentive systems are based upon these controls. For example:

(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.

(b) Delay the installation of pollution-control equipment, and the return on


invested capital will be close to the planned percentage.

An impersonal model simplifies the process of decision making on ethical issues


but it does not accurately describe the managerial dilemma. Individual benefits
and costs, as well as financial and social benefits and costs, are associated with
most of the alternatives in ethical decisions.

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

1. How do ethical problems arise in management? Using your own


example, how would you overcome an ethical problem?

2. List some characteristics of ethical problems in management.

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44  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

3.3 EXAMPLES OF ETHICAL PROBLEMS IN


MANAGEMENT
What are some examples of ethical problems? Let us look at a few. Bear in mind
that the moral content of each problem differs, and that each of us will differ in
our view of the moral severity of that content.

Moral standards differ between individuals because the ethical systems of


belief, the values or priorities, the convictions that people believe are truly
important, and upon which their moral standards are based also differ. These
beliefs depend upon each personÊs family background, cultural heritage,
educational experience and other factors.

Differences in ethical beliefs are not important at this stage of discussion.


What is more important at this stage is to recognise that they can affect people
adversely. They may even hurt or harm others in ways beyond the control of
those holding the ethical beliefs. The condition of hurt or harm to others in
ways beyond their control is the essential element in the ethical dilemma of
management. That condition is present in all the examples outlined below.

(a) Pricing Level


Price, it would seem, should be a purely economic decision based upon
cost and demand. Yet the pricing level selected can have harmful effects
on some customers. In banking, for example, under the combined impact
of deregulation by the government and competition from other
financial-service firms, it has become common to pay fairly high rates of
interest on customer deposits. However, the benefits of those rates go
primarily to customers with large bank balances. To offset the increased
interest that must be paid to attract larger deposits and to reflect the
actual costs of service, most banks have raised the fees they charge to
smaller customers.

(b) Advertising Messages


Truth in advertising is a complex issue. There are two situations which
minimise the effectiveness of advertising:

(i) A rigidly truthful television or magazine advertisement, every


statement of which is supported by a reference to a scientific study,
would be incredibly dull and probably ineffective.

(ii) A totally untruthful television or magazine advertisement, with wildly


exaggerated claims, would be illegal and probably equally ineffective.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  45

Varying degrees of truthfulness and deception lie between these two


extremes. The problem is drawing a line along that spectrum.

(c) Product Promotions


Promotion is one form of advertising; another is the use of gifts and price
rebates to attract customers. For example, under the impact of deregulation,
airlines have developed product promotion in the form of additional flights
and vacation lodgings for frequent flyer passengers who exceed a given
mileage on a particular airline each year.

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.

(d) Working Conditions


Working conditions for many manual and clerical employees are less than
ideal. Temperature, humidity or noise levels may be too high; ventilation
and lighting may be inadequate, and fumes and dust are still found in
some workplaces. The most harmful of these conditions, along with the
obvious safety hazards, have been outlawed by state and federal laws,
but there are still many opportunities to improve working conditions for
hourly employees.

Working conditions also refer to working environment and all existing


circumstances affecting labour in the workplace, including job hours,
physical aspects, legal rights and responsibilities (https://definitions.
uslegal.com/w/working-condition).

(e) Customer Service


Declining product quality has been a problem in many industries for a
number of years. Declining product quality in the automobile industry
results in „lemons‰. This refers to new cars with major defects that can
create substantial hardships for buyers who cannot depend upon these cars
for transportation to and from work or medical appointments, shopping
trips, family gatherings, and so on.

Customer service is the process of ensuring customer satisfaction with a


product or service. Often, customer service takes place while performing a
transaction for the customer, such as making a sale or returning an item.
Customer service can take the form of in-person interaction, a phone call,
self-service systems or other means (https://www.investopedia.com).

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46  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

(f) Workforce Reduction


It has become common for many large companies to reduce their size and
overhead costs to create a lean and mean management. These downsizing
operations are generally a response to an increase in competitive pressures,
but there is an obvious human cost to the people forced to leave.

While workforce reduction typically involves permanent termination of


employment, it can also involve other methods, such as:

(i) Reducing the number of working hours available for employees;

(ii) Shifting employee tasks to reduce the number of worker positions; and

(iii) Instituting mandatory furlough or layoffs.

(Source: https://www.legalmatch.com)

(g) Environmental Pollution


Improper disposal of toxic wastes is clearly illegal, yet some companies
continue to dump chemicals. This still widely occurs, despite possible
harm to the environment and probable conflict with the law.

Pollution must be taken seriously, as it has a negative effect on natural


elements that are an absolute need for life to exist on earth, such as water
and air. Without them, or if they are present in different quantities, animals,
humans and plants cannot survive. Pollution also takes place when nature
does not know how to decompose an element that has been brought to it in
an unnatural way.

(h) Community Relations


The major employer within a local community has substantial economic
power, particularly if the employer has plants in other locations and can
move work and employment between them. This economic power is often
used in pressing for tax reductions, which can have an obvious impact on
residents of the community by increasing their taxes or decreasing their
services.

(i) Supplier Relations


Large manufacturing firms have economic power within the communities
in which they operate, and against small suppliers from which they
purchase materials, parts and supplies. Economic power is a difficult
concept to define but easy to recognise.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  47

3.4 ANALYSIS OF ETHICAL PROBLEMS IN


MANAGEMENT
You may regard some of the examples cited in the previous subtopic as
simple instances of practical management. Meanwhile, you may regard some
other examples as outrageous abuse of power and position. Ethical decisions are
much more difficult to make when a person is directly involved in the situation.
How do we decide on these and other ethical problems?

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).

Figure 3.4: Methods to analyse ethical problems in management

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.

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48  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

Table 3.1: Analytical Methods of Reasoning on Ethical Problems

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.

The underlying belief is that a market economy has a limited number


of resources. When consumers are supplied with the highest quality
goods at the lowest possible costs, these resources are being used as
efficiently and effectively as possible.

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.

The underlying belief is that a democratic society can establish its


own rules. If people and organisations follow these rules, members of
that society will be treated as justly as possible.

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.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  49

EXERCISE 3.2

1. What are the available mechanisms for analysing ethical problems


in management? Briefly explain each method of analysis.

2. List some ethical problems in management.

3.5 ETHICS IN ISLAM


It is essential to look at ethics not from a single perspective but from different
perspectives. So, let us look at what the religion of Islam has to say about ethics.

In expounding the major aspects of ethical thought in Islam, two possible methods
are used:

(a) A historical or horizontal method which simply follows the chronological


line of development; or

(b) An analytical or schematic method which deals with major ethical themes
vertically.

People sometimes question whether there is such a thing as Islamic ethics.


They are puzzled by the legalism and ritualism of the religious and institutional
life of Muslims. They also wonder why the contribution of Muslim authors to
the issue is insufficient compared to their contributions in literary, linguistic,
philosophical, historical, theological and scientific subjects.

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50  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

3.5.1 Universal Message


The holistic approach of Islam is evident in its three core tenets as illustrated in
Figure 3.5 below.

Figure 3.5: Holistic approach of Islam

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.

This overall guiding conception is similar to AristotleÊs admonition as shown


below.

„Do not harm others and deal with others as one would wish to have others
deal with oneself‰.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  51

The basic message of the Creator is found in all His religious revelations to
humankind as shown below:

(a) Christian rule ă Golden Rule of the New Testament:

„Do unto others as you would have them do unto you.‰

(b) Islamic rule:

„None of you is a believer until he desires for his brother that which
he desires for himself.‰

(c) Buddhist rule:

„Hurt not others in ways that you yourself would find hurtful.‰

(d) Judaic rule:

„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.

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52  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

3.5.3 Commerce and Business


Commerce and business have remained central subjects in Islamic ethical
tradition. Islamic teachings have essentially been through individual
proselytisation, more particularly as a result of trade and commerce.

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.

3.5.4 Teachings about Economic Practices


In the absence of unified legislative and judicial authorities among Muslims,
practices differ and enforcement is practically non-existent. This diversity among
Muslims has generated different customs, behaviours and expectations in business
relations. Generally, however, Islamic economic and business conceptions are
very much the equivalent of a free enterprise, private sector market economy
approach, though they do not exclude the right of society to impose limitations
for the greater benefit of the community.

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.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  53

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.

3.5.5 Obligations of Piety


The fulfilment of obligations in good faith and in accordance with the principles
of business ethics is not only required but inseparable from the general obligation
of piety as can be seen in the following verse.

In the QurÊan, Chapter 2 Verse 177 says that:

„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

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54  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

Prophet Muhammad went on to say the following:

„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.

Muslim scholars of all backgrounds do not consider Islam to be an evolving


religion, but rather a religion and legal system which requires evolution in its
application. Indeed, the provisions of the QuÊran are such that, by their disciplined
interpretation, Islam can provide solutions to contemporary economic, ethical
and social problems in Muslim societies.

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TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS  55

EXERCISE 3.3

1. How would you find a balance between economic and social


performances when faced with an ethical dilemma? Cite your
own example and apply the analytical tools for analysis from the
literature that you have studied.

2. „Ethical problems in management are complex because of the


extended consequences, multiple alternatives, mixed outcomes,
uncertain consequences and personal implications.‰ Discuss.

 Most ethical decisions have extended consequences, multiple alternatives,


mixed outcomes, uncertain consequences and personal implications.

 Moral standards differ between individuals because the ethical systems of


belief, the values or priorities, the convictions that people believe are truly
important, and upon which their moral standards are based also differ.

 There are three forms of analysis that can assist us in reaching a proper
balance between economic and social performances. These are:

 Economic (based upon impersonal market forces);

 Legal (based upon impersonal social forces); and

 Ethical (based upon personal principles and values).

 The main guiding principles in Islamic ethical issues are found in the shariah.

 Shariah regulates almost every aspect of relationships, ranging from that


which is between the Creator and humankind, to intimate matters of
interpersonal relations.

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56  TOPIC 3 NATURE OF ETHICS IN MODERN BUSINESS

Economic analysis Mixed outcomes


Ethical analysis Multiple alternatives
Ethical problems Personal implications
Extended consequences Shariah
Legal analysis Uncertain consequences

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Topic  Managerial
Ethics and
4 Rule of Law
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define law and its importance;
2. Discuss how law can be used as a guide for managerial decisions
and actions when faced with an ethical dilemma;
3. Describe five characteristics of law;
4. Explain the relationship between law and moral standards; and
5. Describe the four processes involved in forming law.

 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.

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58  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Figure 4.1: Moral dilemma


Source: http://www.cartoonstock.com

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.

Let us examine the following in this topic:

(a) Rule of law;

(b) Law as a guide to moral choices;

(c) Characteristics of law;

(d) Legal requirements and moral standards;

(e) Formation of the law; and

(f) Rule of law for moral choices.

4.1 RULE OF LAW


We will look at the law as a possible basis for making managerial decisions
when one is confronted with an ethical dilemma.

„The law is a set of rules established by a society to govern behaviour


within that society‰.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  59

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).

Figure 4.2: Rule of law


Source: https://www.google.com

4.2 LAW AS GUIDE TO MORAL CHOICE


We cannot rely upon the market as a guide for managerial decisions and
actions when faced with an ethical dilemma, but what about the law? The legal
argument is very different. Now, let us look at the meaning of legal argument.
What is meant by this term?

Legal argument refers to an established set of rules in a society. These rules


reflect the collective choices of members of the society regarding any
decisions and actions that affect its welfare.

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60  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

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:

(a) If we do not like an action by a corporation, we should attempt to pass a


law which prohibits that action or encourages an alternative action; and

(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.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  61

4.3 EXAMPLE OF MORAL CHOICE


Now, let us return to the banker in the previous example. The bank officer
has to decide whether he should invest in a high-risk local company that will
provide employment opportunities and other benefits to the community. Let us
agree that:

(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;

(b) The alternative investment, the large corporation is in a distant city,


capital-intensive and capable of creating few jobs;

(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.

Now, we have a classic ethical dilemma: the choice between economic


performance and social obligation, complicated by extended consequences,
uncertain outcomes and career implications.

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;

(b) No government guarantees or interest subsidies are presently available; and

(c) Bank officers are required by the legal system to minimise risks for their
depositors.

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62  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Of course, the usual response of most bankers to socially desirable but


financially risky loans is to reject them without giving any explanation. They
would usually suggest to potential borrowers that they seek funds elsewhere.
The question in this case, however, is not whether banks should make socially
desirable but economically unfeasible loans. No bank can give out loans to
everybody and remain in business. By the same token, a bank cannot be too rigid
in giving loans at the expense of the society in which it operates. There has to be a
limit on both sides and a balance. The question is: How does one achieve this
balance?

Enhance your understanding by attempting the activity below.

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.

4.4 LAW AS COMBINED MORAL JUDGMENT


Before we move further, let us read the statement below.

„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.‰

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  63

How do we respond to the above statement? If it is not possible to respond


logically and convincingly, are we then forced to accept the rule of law as the
final determinant in most moral dilemmas?

To answer these questions, it is necessary to:

(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.

4.5 CHARACTERISTICS OF LAW


Before we move on, let us look at the definition of 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.

Figure 4.3: Characteristics of law

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64  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Let us look at the characteristics in greater detail as shown in Table 4.1.

Table 4.1: Characteristics of Law

Characteristics Explanation

Consistent The requirements to act or not to 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 law because
obviously people cannot obey both.

Universal The requirements to act or not act must be universal or applicable


to everyone with similar characteristics and facing the same set of
circumstances.

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.

Enforced The requirements to act or not act in a given way must 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 if 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 rules.

This set of rules is supported by a framework of highly specialised social


institutions, as shown in Table 4.2 below.

Table 4.2: Social Institutions and Their Responsibilities

Social Institutions Responsibilities


Legislatures and councils Law formation
Attorneys and paralegal personnel Law explanation
Courts and agencies Law interpretation
Police Law enforcement

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  65

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:

(a) Enforcing the law is a difficult and occasionally dangerous task.

(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.

However, we are looking at the law as an ideal concept of consistent and


universal rules to guide managerial decisions, not as a flawed reality.

SELF-CHECK 4.1

List and briefly describe the five characteristics of law.

4.6 RELATIONSHIP BETWEEN LAW AND


MORAL STANDARDS
The law, as we mentioned earlier, may be viewed in ideal terms as a set of
universal and consistent rules that govern human conduct within a society.
The question is whether we can accept these rules as representing the collective
moral judgment of members of our society.

If we can, then we have the standards to guide managerial decisions and


actions, even if these standards may be at a minimal level. If we cannot, then
we will have to look elsewhere for our standards.

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66  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

In considering the possible relationship between moral judgments and legal


requirements, three conclusions can be reached fairly quickly as shown below:

Conclusion 1

The requirements of the law overlap to a considerable extent. However, they


do not duplicate the probable moral standards of a society. Clearly, a person
who violates the federal law against bank robbery also violates the moral
standard against theft. It is easy to show that laws governing sexual conduct,
narcotics usage, product liability and contract adherence are similar to the
moral beliefs that are probably held by the majority of people in our society.
We can agree that in a democratic society, legal requirements reflect many
of the basic values of the citizens. Thus, we can say that legal requirements
overlap with moral standards. There is also an area of overlap between law
and morality as shown in Figure 4.4.

Figure 4.4: Overlap between moral standards and legal requirements

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.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  67

Conclusion 2

The requirements of the law tend to be negative, while the standards of


morality are more often positive. According to the law, we are forbidden to
assault, rob or defame each other. However, we are not required to help people,
even in extreme situations.

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

Based on your understanding of the relationship between law and


moral standards, provide examples of:

(a) Legally and morally acceptable behaviour; and

(b) Legally and morally unacceptable behaviour.

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68  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

To test your understanding, try the following exercise.

EXERCISE 4.1

1. Define law.

2. Discuss the basic characteristics of law.

4.7 FORMATION OF LAW


The law is formed through several processes as outlined in Figure 4.5.

Figure 4.5: Formation of law

We will look into each process in the following subtopics.

4.7.1 Individual Processes


The law is a dynamic entity, as the rules change over time. Think of the changes
that have occurred in the laws governing employment. This is essentially the
same point made previously, that there seems to be a time lag between changes
in moral standards and changes in legal requirements. Nevertheless, actions
that were considered legal 20 years ago (such as racial and sexual discrimination
in hiring employees, or the discharge of chemical wastes into lakes and streams)
have now become illegal.

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.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  69

Figure 4.6: Processes by which individual norms,


beliefs and values are institutionalised into law

Each individual has a set of norms, beliefs and values which collectively forms
his or her moral standards as shown in Table 4.3.

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70  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Table 4.3: Individual Moral Standards

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.

For example, if you believe in participatory democracy, then you


expect others to recognise the worth of that concept and accept it
as a form of government.

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:

(a) Behaviour (ways in which people ought to act); and

(b) Beliefs (ways in which people ought to think).

We live in a pluralistic society with numerous cultural traditions and in a


secular nation, with no accepted or endorsed religious heritage. Consequently,
we have to live with the fact that norms, beliefs and values will differ among
individuals. These differences can eventually lead to conflicts.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  71

SELF-CHECK 4.3

Explain the following terms briefly:

(a) Norms;

(b) Beliefs; and

(c) Values.

4.7.2 Group Processes


Context, which means the general background or surrounding environment
of a situation, plays a significant role in the norm, beliefs and values of an
individual. Each individual develops a set of norms, beliefs and values through
exposure to:

(a) Cultural or religious context;

(b) Social or political context; and

(c) Economic or technological context.

Each society has a context that consists of inter-related factors as shown in


Figure 4.7.

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72  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Figure 4.7: Six inter-related factors of context

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.

Figure 4.8: Interaction of inter-related factors of the context

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  73

The exact relationships among economic, technological, social, political, cultural


and religious factors are not known, nor can their combined influences upon an
individualÊs norms, beliefs and values be predicted with accuracy. However,
the relationships and influences can easily be observed as shown in the example:

The changing status of women resulted from:

(a) Economic shift from heavy manufacturing and mining to knowledge-


based and service industries;

(b) Technological development of better birth-control methods; and

(c) Social expansion of educational opportunities.

4.7.3 Social Processes


All individuals within a society do not have the same exposure to economic,
technological, social, political, cultural and religious factors. Such exposure
comes from:

(a) Individual positions;

(b) Family units;

(c) Peer groups; and

(d) Formal organisations.

In a democratic society, the changing norms, beliefs and values of individuals


within society have an apparent, although delayed, impact upon the law.
This impact would appear to be the result of both social and political processes.
Basically, the social process involves accumulation of power.

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:

(a) Business firms;

(b) Labour unions;

(c) Political parties;

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74  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

(d) Charitable agencies;

(e) Religious institutions; and

(f) VeteransÊ associations.

These larger organisations over time either achieve an acceptable compromise


on norms, beliefs and values or split into smaller organisations that can
achieve such a compromise. There are alternative theories on the means by
which this compromise is formed such as:

(a) Autocratic decision;

(b) Bureaucratic adjustment; and

(c) Coalition bargaining or collective choice.

4.7.4 Political Processes


The political processes by which the norms, beliefs and values held by
organisations, groups and individuals are institutionalised into law can be seen as
a means of resolving conflict. Organisations, groups and individuals have
different opinions on norms (what should be done now) and beliefs (what should
be accomplished in the future).

These different views have to be accustomed to consistent and universal rules


to be effective. The following are alternative theories on the ways this is done:

(a) Presidential leadership;

(b) Institutional compromise;

(c) Congressional bargaining; and

(d) Constituent pressure.

Elected representatives are formally assigned the responsibility of formulating


laws in a representative system. However, issues differ by sections of the country,
segments of the population and sectors of the economy. Consequently, coalitions
have to be formed to pass most legislation. The public can express opinions
on potential laws by voting for some administrators and all legislators, and
indirectly through public surveys, letters and the media.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  75

4.8 CONCLUSION ON RULE OF LAW AS BASIS


FOR MORAL CHOICES
The question now is whether these social and political processes, lengthy and
complex though they may be, truly combine the personal moral standards of
the majority of the population into universal legal requirements. The view that the
law represents collective moral judgment is appealing. However, there are
problems in the transfer from individual moral standards to universal legal
requirements at each stage of social and political processes. Let us look in detail
at problems of moral standards as shown in Table 4.4 to better understand
this situation.

Table 4.4: Moral Standards and Their Explanations

Problems of
Explanation
Moral Standards

The moral standards of  Most people might be unaware of payments of large


members of a society may bribes by certain organisations until the Lockheed
be based upon a lack of case.
information relative to
issues of corporate  Many people might be unaware of the magnitude of
conduct. a toxic waste disposal problem, even if millions of
metric tonnes of such waste are being produced
annually.

 It is difficult for personal moral standards to influence


the law if relevant information is missing.

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.

 Furthermore, many small groups act from motives


other than morality. Economic benefits and
professional prestige often play a big role.

 It is difficult for personal moral standards to influence


the law if they are not conveyed accurately.

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76  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

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.

 This can be seen in the provisions of tax legislation,


in which certain organisations always seem to be
favoured.

Legal requirements  This can be seen in both product liability cases


formed through the and equal employment review. The meaning and
political process are often application of the law have to be clarified outside of
incomplete or imprecise the legislative process.
and have to be
supplemented by judicial  It is difficult for personal moral standards to influence
court decisions or the law, if they are considered only indirectly, if at all,
administrative agencies in two of the means of formulating that law.
actions.

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TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW  77

Now, let us try the exercise below.

EXERCISE 4.2

1. The formulation of law involves very complex and inconvenient


processes. What are these processes?

2. Match the social institutions to their responsibilities.

Social Institutions Responsibilities

Legislatures and councils Law enforcement

Attorneys Law formation

Courts Law explanation

Police Law interpretation

 The law is a consistent set of universal rules established to govern societal


behaviour. These rules are widely published, generally accepted and usually
enforced.

 Law has five characteristics ă consistent, universal, published, accepted and


enforced.

 Society-established rules reflect the collective choices of members of the


society regarding any decisions and actions that affect its welfare.

 There is an overlap between the moral standards and legal requirements


of society, such as federal law against bank robbery and moral standards
against stealing.

 There are four chain processes in the formation of the law ă individual
processes, group processes, social processes and political processes.

 Some changes in the norms, beliefs and values of individual members of


society are eventually reflected in changes in the law.

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78  TOPIC 4 MANAGERIAL ETHICS AND RULE OF LAW

Beliefs Moral choice


Context Moral standards
Law Norms
Legal argument Values
Legal requirements

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Topic  Organisational
Approaches in
5 Improving
Ethical
Behaviour
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Explain four main ethical safeguards;
2. Explain some structural causes of unethical conduct in
organisations;
3. Identify various means of resolving unethical behaviour in
organisations; and
4. Discuss the responsibilities of management in addressing ethical
problems.

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80  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

 INTRODUCTION

Figure 5.1: Unethical behaviour

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.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  81

5.1 IMPROVING ETHICAL CLIMATE IN


ORGANISATIONS
In order to improve an organisationÊs ethical climate, top management can use
a variety of ethical safeguards as shown in Figure 5.2.

Figure 5.2: Ethical approaches to improve ethical climate in organisations

In the following subtopics, we will look at each approach and see how it improves
an organisationÊs ethical environment.

5.1.1 Ethical Codes


What is the definition of ethical codes? Let us look at the definition below.

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.

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82  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

Table 5.1: Ethical Codes on Norms and Beliefs

Aspects Norms Beliefs

Definition Norms are standards of Beliefs are standards of


behaviour. thought.
They are ways in which the They are ways of thinking
senior management of an which the senior management
organisation want staff to act of an organisation want
in facing a certain situation. employees to adopt. It is not
censorship. The intent is to
encourage ways of thinking
and patterns of attitudes that
will lead to the desired
behaviour.

Expressed Norms in an ethical code are Beliefs in an ethical code are


form generally expressed as a series of generally expressed in a positive
negative statements, as it is easier form.
to list the things a person should
not do than to be precise about
the things a person should do.

Examples  Employees of a company  Our first responsibility is to


are expected not to accept our customers.
personal gifts which cost
more than RM25 from any  We wish to provide good
business friend or associate. services to the community
in which we operate.
 Employees are expected to
pay their full share of the
cost of meals or other
entertainment which is
more than RM25.

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.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  83

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. 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.

Ethical dilemmas are conflicts between economic and social performances.


The latter is expressed as obligations to employees, customers, suppliers,
distributors and the general public. Ethical codes can express a general sense of
obligations which members of senior management feel towards those groups.
However, they cannot help the middle or lower-level management to choose
between groups, or between economic and social performances.

ACTIVITY 5.1

Give two examples of positive beliefs that an organisation should have.


Discuss with your coursemates.

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84  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

5.1.2 Ombudsman Position

Figure 5.3: Ombudsman position


Source: https://www.google.com

An ombudsman is a person within an organisation who is often an older


and respected manager who is close to retirement (Figure 5.3). He has been
relieved of operating responsibilities and assigned the task of counselling
younger employees on career problems, organisational difficulties and
ethical issues.

The term „ombudsman‰ originated from the Swedish language and it means
the following:

A government agent in a country who has been specially appointed to


investigate complaints made by individual citizens against public officials
for abuses of power or uncaring acts. Often, the ombudsman can go
considerably beyond counselling and investigation and is able to act
informally to resolve problems.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  85

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

In your opinion, do you think an ombudsman can effectively play


his role in solving cases involving ethical issues? Explain your reasons
to your coursemates in myINSPIRE.

5.1.3 Ethics Hotlines


Sometimes, employees may face an ethical issue but are reluctant to raise it
with their manager or colleagues. Ethics hotlines may provide an avenue for
employees, who do not want to be seen with an ethics officer, to report or
enquire about ethical matters anonymously. For example, Telekom Malaysia (TM)
has set up an Ethics Hotline, which operates 24 hours every day, for staff to turn
to for advice on ethical issues and concerns. Ethics hotlines can be an effective
approach to protect the confidentiality of the callers, while gathering important
information that is needed to resolve complaints or allegations related to ethics.

In Figure 5.4, we can see an example of a corporate company which provides


a web-based report and ethics hotline number for their staff if they want to
report conduct that may be unethical, illegal, in violation of professional
standards, or otherwise inconsistent with the company code of conduct.

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86  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

Figure 5.4: Ethics hotline


Source: https://secure.ethicspoint.com

5.1.4 Ethics Training


An organisational compliance programme requires instituting an ethics training
programme and communication system to educate employees about the firmÊs
ethical standards. Ethics training usually involves lectures offered by a company
trainer and is usually given to managers. To be effective, ethics training should be
related to actual situations that employees may experience in their job and
possible ethical solutions to those problems.

Generally, an ethics training programme should educate an organisationÊs


employees about the firmÊs policies, expectations, relevant laws and regulations,
and general social standards. An effective ethics training would make employees
aware of the available resources, support systems and personnel who can assist
with ethics and legal advice.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  87

According to Thorne, Ferrell & Ferrell (2008), an organisationÊs ethics training


can have three goals. The goals of ethics training are to ensure that an employee:

(a) Recognises when a situation requires ethical decision making;

(b) Understands the values and culture of the organisation; and

(c) Evaluates the impact of ethical decisions on the company.

SELF-CHECK 5.1

What are the four ethical approaches used in addressing an


organisationÊs ethical environment? Discuss each approach briefly.

5.2 STRUCTURAL CAUSES OF UNETHICAL


BEHAVIOUR
We have seen that neither codes of conduct nor an ombudsman can ensure
that the moral standards selected by the president and board of directors of a
firm will be adhered to by all members of the firm. Consequently, we have to
look at the causes of unethical behaviour and see whether we can eliminate
those causes.

For example, let us look at established organisations such as General Electric,


General Dynamics, E. F. Hutton and the Thorp Division of ITT. We will be
looking at the reason product managers at General Electric defrauded the
government, and regional managers at E. F. Hutton defrauded banks.

The individual managers of these large organisations cheated the government,


banks and customers. However, they did not directly benefit from their
unethical act. These were not instances of managerial dishonesty as there
were no payments, vacations and gifts. However, the individuals did
benefit indirectly. Thus, it is necessary to understand this indirect benefit
for this is the structural cause of unethical behaviour within organisations.

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88  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

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:

(a) Interrelationships between divisions (in products, markets, processes or


technologies) cannot be used as the basis for economies of scale or
economies of scope due to the separate nature of the divisions.

(b) Corporate management in a decentralised structure has little control over


the strategies of the divisions until after an outstanding success or an
absolute failure has occurred. They are reduced to an ineffective review
function. These problems brought changes in the management of
diversification, starting around 1975.

Before moving to the next subtopic, attempt the exercise shown below.

EXERCISE 5.1

1. What are ethical codes?

2. Do ethical codes work? State your reason.

3. Do you think ethics training is effective in improving an employeeÊs


ethical behaviour? State your reason.

4. What are the structural causes of unethical behaviour?

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  89

5.3 SOLUTIONS TO STRUCTURAL CAUSES OF


UNETHICAL BEHAVIOUR
What can you do to remove the structural causes of unethical behaviour in
organisations (see Table 5.2 below)? Unfortunately, not much can be done. In the
previous topic, we learnt on individual choice that there are no completely
satisfactory means of reaching a decision when confronted by an ethical dilemma.
Multiple analysis (using economic, legal and moral forms of reasoning) appears 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. Thus, there are no complete satisfactory means of changing the
planning, control and motivational systems to ensure that the moral standards of
senior executives will be followed.

Table 5.2: The 10 Most Common Examples of Unethical Behaviour


(1,600 Managers Spoke Up on a Survey)

No Examples of Unethical Behaviour Percentage

1. Taking shortcuts/shoddy work 72%

2. Lying to hide mistakes 72%

3. Badmouthing colleagues 68%

4. Passing the buck (when you don't get your work done) 67%

5. Slacking off when no one is watching 64%

6. Lying to hide your colleaguesÊ mistakes 63%

7. Taking credit for other colleaguesÊ work 57%

8. Pulling a sickie 56%

9. Lying about skills and experience 54%

10. Taking low value items 52%

Source: https://www.tu.no

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90  TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR

We can put less emphasis on the financial measures of performance (sales


revenues, variable costs, fixed expenses and quarterly profits) and more on the
numerical measures (customer complaints, quality rejections, workforce
absenteeism, community attitudes and delay in responding to dividend inquiries).
However, these alone are not going to solve the problem in management and
represent a conflict between the economic and social performances of an
organisation.

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 were a manager who has to solve the problem of unethical


conduct in your organisation, how would you go about it? Discuss
with your coursemates (use mind-mapping diagram).

5.4 ETHICAL RESPONSIBILITIES OF


MANAGEMENT
Let us say that you are a senior executive in a firm. How do you address and
resolve the conflict between economic and social performances? The resolution
of the conflict has to be done as part of the strategic planning process. Ethical
issues have to be made a part of that process, and no longer ignored or pushed
down to the operating levels. Hard ethical questions have to be asked by the
managers in the business units, and specific ethical answers have to be supplied
by the corporate executives.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  91

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?‰

Basically, your response should have the following components:

(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:

(a) Differences in perspectives within the firm; or

(b) Differences in beliefs in the importance of economic outcomes, legal


requirements, moral principles of benevolence and consistency, and moral
values of justice and liberty.

We have numerous economic, legal and ethical outcomes, requirements, principles


and values, but no clear ordering among them. However, this is not an excuse
to avoid making ethical decisions in management. We have to make those
decisions based on our sense of responsibility to others as it is a test of our
character and a measure of our courage.

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SELF-CHECK 5.2

How does the management respond in addressing ethical problems


in an organisation?

Test your understanding by doing the exercise shown below.

EXERCISE 5.2

What can be done to solve the structural causes of unethical behavioural


problems in organisations?

 There are mainly four approaches in addressing the ethical climate in an


organisation ă ethical codes, ombudsman position, ethics hotlines and ethics
training.

 Ethical codes are lists of statements containing the norms and beliefs of an
organisation published and distributed to all members of the firm.

 An ombudsman is usually an elderly and respected person within an


organisation who has been relieved of operating responsibilities and given
the task of counselling younger employees on various ethical issues.

 Divisionalisation and decentralisation are believed to be the prime structural


causes of unethical behaviours.

 The solution for unethical behaviour is placing less emphasis on the financial
measures of performance and more on numerical measures.

 The management has to make decisions related to unethical conduct based


upon their sense of responsibility to others as it is a test of their character and
a measure of their courage.

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TOPIC 5 ORGANISATIONAL APPROACHES IN IMPROVING ETHICAL BEHAVIOUR  93

Beliefs Ethics hotlines


Decentralisation Ethics training
Divisionalisation Norms
Ethical codes Ombudsman

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Topic  Social
Responsibility
6 and
Organisations
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Describe the three eras involved in the evolution of thought about
social responsibility;
2. Explain the three areas of social responsibility;
3. Discuss the arguments for and against social responsibility; and
4. Explain how the government and organisations influence each
other.

 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.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  95

Figure 6.1: Pyramid of social responsibility


Source: http://bclc.chamberpost.com

As can be seen in Figure 6.1, CSR revolves around four main areas of
responsibility ă economic, legal, ethical and philanthropy.

Corporate social responsibility is the adoption of an organisation regardless


of private or public, large or small, at a strategic level of its economic, legal,
ethical, and community responsibilities to meet the stakeholder expectations.
It is a set of obligations that an organisation has to protect and extend to the
society in which it functions.
(Ferrell, Thorne, & Ferrell, 2011)

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.

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96  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

6.1 HISTORICAL VIEWS OF SOCIAL


RESPONSIBILITY
Views of social responsibility held by organisations, the government and the
public at large have changed dramatically over the last hundred years.
In particular, there have been three critical turning points in the evolution of
thinking about social responsibility, as outlined in Figure 6.2.

Figure 6.2: Evolution of thought about social responsibility

Let us look in detail at each era of social responsibility.

6.1.1 Entrepreneurial Era


The entrepreneurial era started in the United States during the late 1800s. At that
time, the so-called captains of industry, such as John D. Rockefeller, Cornelius
Vanderbilt, J. P. Morgan and Andrew Carnegie, were amassing fortunes and
building empires in industries ranging from oil to railroads and from banking
to steel. Prior to their day and age, virtually all businesses were small, so these
men were truly the first executives to control power and wield influence at the
national level.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  97

Figure 6.3: Era of Entrepreneurial Startups


Source: https://www.google.com

Unfortunately, in many instances, early entrepreneurs abused their power


through ruthless practices as shown in Table 6.1.

Table 6.1: Practices of Early Entrepreneurs

Practices of Early
Explanation
Entrepreneurs

Labour lockouts Some employers use this tactic of withholding employment to


hinder union organisations or to gain leverage in labour
disputes. It is often accomplished by literally locking
employees out of the workplace but it is also possible
through work stoppage, layoffs or the hiring of non-union
replacement workers.

Source: http://www.britannica.com

Discriminatory Some providers of products and services charge unreasonable


pricing policies prices for them. Certain groups of consumers are made to
pay different prices for the same products and services.
The providers introduced discriminatory pricing policies to
take into account the economic status of individuals, that is,
their ability and willingness to pay.

Source: http://www.globecon.org

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98  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

Kickbacks Payments or services are offered to influence or gain


something from an organisation or a person. Kickbacks are
closely associated with bribes.

Source: http://www.wisegeek.com

Blackmail Money or a valuable item is extorted from a person by


threatening to expose an act or discreditable information.

Source: http:// www.answers.com

Tax evasion This is an illegal act whereby persons, organisations or


corporations intentionally avoid paying their true tax liability.
Criminal charges and substantial penalties are imposed upon
those caught evading taxes.

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.

6.1.2 Depression Era


Subtle changes in views towards social responsibility continued throughout
the early part of the 20th century. However, the views changed drastically during
the Depression Era of the 1930s. By this time, large organisations had come to
dominate the American economic scene, and many people criticised them for
irresponsible financial practices that led to the stock market crash of 1929. As part
of Franklin RooseveltÊs New Deal programme, the government passed several
laws to protect investors and smaller businesses.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  99

Figure 6.4: Depression Era of the 1930s


Source: https://www.google.com

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.

In 1929, the American stock market crashed catastrophically, setting off a


domino affect throughout the American economy. In addition to its economic
struggles, the country was also facing major issues in the farming sector.
Many Americans found themselves extremely poor almost overnight, which
triggered social unrest in the already troubled nation. Roosevelt felt that the
country needed these three essential things: relief, recovery and reform. Thus,
the New Deal Programme was introduced in the 1930s.

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

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100  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

The Securities and Exchange Commission (SEC) was established in 1934 to


regulate the sales of securities and curb unfair stock market practices. As an
outgrowth of these and other actions, the social responsibility of organisations
was clearly described. In particular, the new government actions insisted
that organisations take an active role in promoting the general welfare of the
American public.

6.1.3 Social Era


The era where American history was characterised by social responsibility was
known as the social era of the 1960s. The civil rights movement and widespread
opposition to the war in Vietnam energised the American public to examine
the nationÊs values, priorities and goals. Students and activists accused big
businesses, such as McDonnell Douglas and Du Pont, of trying to promote and
extend the Vietnam War in order to increase their profits.

Figure 6.5: Social era of the 1960s


Source: https://www.google.com

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  101

The growing trend towards social responsibility raised two important questions:

(a) To whom should a business organisation be responsible?

(b) Who is ultimately accountable for an organisationÊs practices?

We will address these questions in the following subtopics.

ACTIVITY 6.1

Draw a mind map showing the evolution of thinking about social


responsibility. Elaborate on the map in detail.

6.2 AREAS OF SOCIAL RESPONSIBILITY


In general, organisations may exercise their social responsibility in three areas,
as shown in Figure 6.6.

Figure 6.6: Three areas of an organisationÊs social responsibility

(a) Organisational Constituents


Organisational constituents are people and organisations directly affected
by the practices of a specific organisation and have a stake in its performance.
The major types of constituents are state and federal governments, creditors,
customers, suppliers, employees, interest groups, courts and investors.

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.

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102  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

To maintain a socially responsible stance towards investors, managers


should do the following:

(i) Maintain proper accounting procedures;

(ii) Provide appropriate information to shareholders about the current and


projected financial performance of the firm; and

(iii) Manage the organisation in such a way as to protect shareholdersÊ


rights and investments.

(b) Organisational Natural Environment


A second critical area of social responsibility is the natural environment.
Not long ago, many organisations regularly and indiscriminately dumped
sewage, waste products from production and trash into streams, rivers,
the air and on vacant land. Now, however, many laws have been put in
place to regulate the disposal of waste materials. In many instances,
companies have seen the consequence of their actions and have become
more socially responsible in their handling of pollutants.

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 6.7: Raw sewage overflow


Source: http://www.i8not.net

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  103

Companies also need to develop economically feasible ways to avoid


contributing to acid rain, depletion of the ozone layer and global warming.
They need to find alternative methods of handling sewage, hazardous
wastes and ordinary trash. Companies also need to develop safety policies
that reduce accidents with potentially disastrous environmental results.

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.

Figure 6.8: Cause and effect of global warming

For example, companies may follow these practices to comply with their
responsibility towards the natural environment:

(i) Contributions to charities, philanthropic organisations, non-profit


foundations and associations;

(ii) Support for museums, symphonies, public radio and television; and

(iii) Taking a role in improving public health and education.

(c) Organisational General Social Welfare


Some people feel that in addition to treating constituents and the natural
environment responsibly, business organisations should promote the
general welfare of society. Some people also believe that organisations
should act to correct or at least not contribute to political inequalities.

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SELF-CHECK 6.1

1. Describe the three eras of social responsibility briefly.

2. Explain the three areas of social responsibility in detail.

6.3 ARGUMENTS ON SOCIAL RESPONSIBILITY


At the surface level, there seems to be little disagreement over the need for
organisations to act responsibly; not only towards their constituents but also the
natural environment and the wider society in which they operate. Nonetheless,
several convincing arguments have been put forth by those who oppose the wider
interpretation of social responsibility. Some of the most prominent arguments
on both sides of this contemporary debate are summarised in Table 6.2.

Table 6.2: Arguments Supporting and Opposing Social Responsibility

Supporting Social Responsibility Opposing Social Responsibility

1. Businesses create problems and 1. The purpose of a business is to


should therefore help to solve them. generate profit for its owners.

2. Corporations are citizens in our 2. Involvement in social programmes


society. gives businesses too much power.

3. Businesses often have the resources 3. There is a potential for conflict of


necessary to solve problems. interest.

4. Social responsibility can enhance 4. Businesses lack the expertise to


profits. manage social programmes.

Although each of the arguments summarised above is a distinct justification


for socially responsible behaviour on the part of organisations, another basic
reason for social responsibility is profit itself. Organisations that make clear and
visible contributions to society can achieve enhanced reputation and garner a
greater market share for their products.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  105

ACTIVITY 6.2

List the arguments supporting and opposing social responsibility.


Provide some examples for each argument. Share your answers with
your coursemates.

6.4 ORGANISATIONAL APPROACHES TO


SOCIAL RESPONSIBILITY
Some people advocate an expanded social role for organisations, while others
argue that their social role is already too large. Not surprisingly, organisations
have a wide range of approaches on social responsibility. As shown in
Figure 6.9, the four approaches that an organisation can take in relation to social
responsibility fall along a continuum, ranging from low to high degrees of
socially responsible practices.

Figure 6.9: Organisational approaches to social responsibility

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106  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

Let us look at the elaboration of each social responsibility in Table 6.3.

Table 6.3: Organisational Approaches to Social Responsibility

Organisational
Explanation
Approaches

Social This approach has the lowest degree of social responsibility.


Obstruction The few organisations that take this approach usually do as little as
possible to solve social or environmental problems. When they cross
the ethical or legal line that separates acceptable from unacceptable
practices, their typical response is to deny or cover up their actions.

Social This approach involves doing everything that is legally required to


Obligation solve social or environmental problems but nothing more. This
approach is most consistent with the arguments against social
responsibility which were described earlier. Managers in
organisations that take this approach usually insist that their job is
to generate profits.

Social This approach involves meeting legal and ethical requirements


Response and going beyond those requirements in certain cases. Such firms
voluntarily agree to participate in certain limited social
programmes, but solicitors must convince the organisations that
they are worthy of support.

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.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  107

6.5 SOCIAL RESPONSIBILITY OF


GOVERNMENT
There is a two-way relationship between organisations and government.
As shown in Figure 6.10, organisations and government use several methods to
influence each other.

Figure 6.10: How organisations and government influence each other

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108  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

6.6 HOW GOVERNMENT INFLUENCES


ORGANISATIONS
The government influences organisations through direct and indirect regulations.
Before we elaborate further on how the government influences organisations
(refer to Figure 6.11), let us look at the definition of regulation.

Regulation is the establishment of laws and rules that dictate what


organisations can and cannot do under certain circumstances.

Figure 6.11: GovernmentÊs regulations in influencing organisations

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  109

6.7 HOW ORGANISATIONS INFLUENCE


GOVERNMENT
Do you know how organisations influence the government? Mainly, there are
four main methods employed by organisations in addressing government
pressure for more social responsibility as shown in Table 6.4.

Table 6.4: OrganisationsÊ Methods in Influencing the Government

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.

Lobbying Lobbying is an attempt by individuals or groups to influence


legislation. A lobbyist formally represents an organisation before a
law-making body.

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.

Favours Organisations sometimes rely on favours and other influence tactics


to gain support.

6.8 MANAGING SOCIAL RESPONSIBILITY


As we have seen, there are pitfalls for managers who fail to follow high ethical
standards and for companies that try to circumvent their legal obligations.

Organisations, therefore, need to come up with an approach to social responsibility


similar to the way they would develop other business strategies. They should
view social responsibility as a major challenge that requires careful planning,
decision making, consideration and evaluation. They may accomplish this
through both formal and informal approaches as outlined in Figure 6.12.

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110  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

Figure 6.12: Formal and informal organisational approaches

The formal approaches that organisations can use to manage social responsibility
are as shown in Table 6.5 below.

Table 6.5: Formal Organisational Approaches

Formal
Explanation
Approaches

Legal Legal compliance is the extent to which an organisation complies


Compliance with local, state, federal and international laws. The task of managing
legal compliance is generally assigned to the appropriate functional
managers.

Ethical Ethical compliance is the extent to which members of an organisation


Compliance follow basic ethical (and legal) standards of behaviour. Many
organisations also establish formal ethics committees, which may be
asked to review proposals for new projects, help evaluate new hiring
strategies or assess a new environmental plan.

Philanthropic Philanthropic giving is the awarding of funds or other gifts to


Giving charities or other programmes. In this age of cutbacks, many
corporations have limited their charitable gifts over the past several
years as they trim their budget.

The informal approaches used by organisations to manage social responsibility


are as shown in Table 6.6.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  111

Table 6.6: Informal Organisational Approaches

Informal
Explanation
Approaches

Organisation Leadership practices and organisational culture can go a long way


Leadership towards defining the social responsibility stance that an organisation
and Culture and its members will adopt. Thus, providing appropriate leadership
and culture is vital in managing an organisation informally.

Whistle- Whistle-blowing is the disclosure by an employee of illegal or


blowing unethical conducts by others within their organisation. Whistle-
blowers may have to proceed through a number of channels to be
heard and may even be fired for their effort of disclosing the conduct.
However, many organisations welcome their contributions.

6.9 EVALUATING SOCIAL RESPONSIBILITY


An organisation that is serious about social responsibility must ensure that its
efforts are producing the desired benefits. Essentially, this requires applying
the concept of control to social responsibility. Many organisations require current
and new employees to read their guidelines or code of ethics and to sign a
statement agreeing to abide by them. An organisation should also evaluate how it
responds to instances of questionable legal or ethical conduct.

6.9.1 Social Audit


Some organisations occasionally conduct corporate social audits. Do you know
what is meant by social audits? Read the explanation below to get a clearer
picture about this term.

A corporate social audit is a formal and thorough analysis of the effectiveness


of a firmÊs social performance.

It is a tool to evaluate social responsibility. It requires the organisation to define


all its social goals clearly. It also analyses the resources devoted to each goal,
determine how well the various goals are being achieved and make
recommendations about which areas need additional attention.

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112  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

In short, social audit is a process of assessing and reporting the business


performance of economic, legal, ethical and philanthropic social responsibilities
expected by stakeholders as mentioned earlier in the topic. Social auditing
provides tools that companies can use to identify and measure their impact on
stakeholders, communicate this information internally and externally, and apply
this information to make continual improvements in areas that stakeholders
see as important. One of the most recent guidelines for social responsibility is
ISO 26000 Guidance for Social Responsibility. However, ISO 26000 is a guideline
not for certification purpose as can be seen below.

ISO 26000:2010 provides guidance to all types of organisations, regardless


of their size or location, on:

 Concepts, terms and definitions related to social responsibility.

 Backgrounds, trends and characteristics of social responsibility.

 Principles and practices relating to social responsibility.

 Core subjects and issues of social responsibility.

 Integrating, implementing and promoting socially responsible behaviour


throughout the organisation and, through its policies and practices, within
its sphere of influence.

 Identifying and engaging with stakeholders.

 Communicating commitments, performance and other information related


to social responsibility.

ISO 26000:2010 is intended to assist organisations in contributing to sustainable


development. This guideline is intended to encourage them to go beyond their
legal compliance, recognising that compliance with law is a fundamental duty
of any organisation and an essential part of their social responsibility. It is
intended to promote common understanding in the field of social
responsibility, and to complement other instruments and initiatives for social
responsibility but not to replace them. In applying ISO 26000:2010, it is
advisable that an organisation take into consideration societal, environmental,
legal, cultural, political and organisational diversity, as well as differences in
economic conditions, while being consistent with international norms of
behaviour.

For further information on ISO 26000, visit: http://www.iso.org/iso/


catalogue_detail

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  113

Social audit is a step away from evaluating a corporationÊs performance


based solely on financial achievements. In addition, social audit encourages
corporations to look into social, environmental and economic bottom lines,
namely, the Triple Bottom Line (Elkington, 1997, 1999). Other examples of
non-financial measurements are Six Sigma and Balanced Scorecard.

Some of the benefits of social auditing to corporations are as follows:

(a) Achieve the best social performance possible;

(b) Facilitate organisational improvement and learning;

(c) Improve relationships with stakeholders through dialogues;

(d) Assist the organisation in identifying potential risks and liabilities;

(e) Assist in coordinating programmes throughout the firm; and

(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.

Social reports can be part of an annual report or a stand-alone report. In 2007,


Bursa Malaysia made corporate social reporting mandatory for all public-listed
companies in Malaysia. Some of the benefits of social reporting to corporations
are as follows:

(a) Facilitate reputation management;

(b) Promote accountability; and

(c) Increase transparency.

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.

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114  TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS

SELF-CHECK 6.2

1. How do governments and organisations influence each other?

2. Briefly explain direct and indirect regulations.

3. Briefly explain formal and informal organisational approaches.

4. What is social audit?

Complete the following exercise to check your understanding on the content of


Topic 6.

EXERCISE 6.1

1. What are the three critical turning points in the evolution of


thinking about social responsibility?

2. What are the arguments for and against social responsibility?

3. What are the ways through which governments usually influence


organisations? How do organisations, in turn, influence
governments?

4. What formal organisational approaches can be used to manage


social responsibility?

 There are three different eras of social responsibility: social era, depression
era and entrepreneurial era.

 Organisations exercise their social responsibility in three areas: constituents,


natural environment and general social welfare.

 Arguments which support social responsibility say that social responsibility


can enhance profits, corporations are citizens in our society and businesses
often have the resources necessary to solve problems.

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TOPIC 6 SOCIAL RESPONSIBILITY AND ORGANISATIONS  115

 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.

 There are four organisational approaches: social contribution, social response,


social obligation and social obstruction.

 The government influences organisations through direct and indirect


regulations.

 There are four main methods employed by organisations in addressing


government pressure for more social responsibility: favours, political action
committees, lobbying and personal contacts.

Corporate social responsibility Social contribution


Government Social obligation
Organisations Social obstruction
Regulation Social response
Social audit

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Topic  Corporate
Governance
7
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Explain corporate governance;
2. Identify three components in the definition of corporate
governance;
3. Explain the two perspectives of corporate governance; and
4. Interpret good corporate practices based on the Code of Corporate
Governance.

 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) Definition of corporate governance;

(b) Components of corporate governance;

(c) Perspective of corporate governance;

(d) Corporate governance dealing with top management;

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TOPIC 7 CORPORATE GOVERNANCE  117

(e) Reasons for studying corporate governance;

(f) Code of corporate governance; and

(g) Future of corporate governance.

7.1 WHAT IS CORPORATE GOVERNANCE?


In responding to the dynamic world of business, corporations need to constantly
be alert of their corporate practices. This is especially crucial in light of many
instances where corporations ended up in controversial practices such as Enron,
American International Group (AIG), Transmile and Sime Darby. As public-listed
companies need to be accountable to their stakeholders and shareholders in
particular, top managements have to gear up to their best practices to uphold
their social contract, which is to meet social expectations (Figure 7.1 as example
of good corporate governance).

Figure 7.1: Good corporate governance

Before we explore corporate governance further, let us look at the definition of


corporate governance.

Corporate governance is a formal system of oversight, accountability and


control of corporate decisions, operations, and actions which has to be in
place to earn the corporation's much-needed commodity: stakeholdersÊ
continuous trust.
(Ferrell, 2011; Thorne, 2010)

This phenomenon of greater governance is a direct consequence of social


progression, availability of information and shareholder activism.

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118  TOPIC 7 CORPORATE GOVERNANCE

7.1.1 Components of Corporate Governance


From the definition of corporate governance, we can identify three components
as shown in Figure 7.2.

Figure 7.2: Three components of corporate governance

Let us look in detail at the components of 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.

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TOPIC 7 CORPORATE GOVERNANCE  119

SELF-CHECK 7.1

1. In your own words, define corporate governance.

2. Explain briefly the components of corporate governance.

3. What are corporate governance aims to achieve integrity?

7.2 PERSPECTIVE OF CORPORATE


GOVERNANCE
Corporate governance can be observed from two different perspectives. These
perspectives are shown in Figure 7.3.

Figure 7.3: Corporate governance perspectives

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.

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120  TOPIC 7 CORPORATE GOVERNANCE

However, from the stakeholder perspective, the spirit of corporate governance is


in the interest of stakeholders. This is because other stakeholders also invest
in the success of the firm. Another argument is that all corporate decisions and
actions can affect its stakeholders and the stakeholders, in turn, can affect the
corporationÊs decisions and actions (Freeman, 1984).

For example, if a corporation is involved in insider trading, the following


situations might happen:

(a) Shareholders might suffer losses;

(b) Employees might lose their jobs; and

(c) Customers might decline the customer service they deserve.

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

From the stakeholder perspective, if an organisation decided to limit


its budget, what would happen to its stakeholders? Discuss with your
coursemates.

7.3 CORPORATE GOVERNANCE DEALING


WITH TOP MANAGEMENT
In an organisation, corporate decisions, actions and operations are mainly the
responsibility of top management. Corporate governance deals mostly with
top management, specifically board of directors (refer below).

Board of directors and top management are fiduciaries to shareholders.


They are the persons placed in a position of trust who use due care and
loyalty in acting on behalf of the organisationÊs best interest.

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TOPIC 7 CORPORATE GOVERNANCE  121

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.

For example, when executive (the top management) compensation is decided,


is that decision beneficial only to a group of people or will it benefit the
corporation? A corporation with good corporate governance practice will make
decisions based on the best outcome for the corporation.

7.4 WHY STUDY CORPORATE GOVERNANCE?


After knowing what corporate governance is and what it is made of, the question
lies in why it is important to study it. It is part of a corporationÊs corporate
responsibility to observe some practices that are regarded as appropriate.
As owners of corporations, top managements are responsible and accountable
to their stockholders.

In addition, incidents of malpractices place companies under greater scrutiny


by all parties which include not only stockholders but also future investors,
the government, the media and the industry. Corporations cannot afford to
jeopardise their much-needed reputation for support when facing stiff
competition.

SELF-CHECK 7.2

1. Elaborate on the two perspectives of corporate governance briefly.

2. Explain why one needs to learn about corporate governance.

7.5 CODE OF CORPORATE GOVERNANCE


The Malaysian Code of Corporate Governance (also known as the Code) is
formulated and governed by the Securities Commission (Securities Commission,
2010). The Securities Commission, established on 1 March 1993 under the
Securities Commission Act 1993, is a self-funding statutory body with
investigative and enforcement powers. It reports to the Minister of Finance and
its accounts are tabled in Parliament annually.

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122  TOPIC 7 CORPORATE GOVERNANCE

The Securities Commission, which is a government agency, protects


stockholdersÊ rights by making sure that stock markets are conducted fairly
and that investment information is fully disclosed. The objective is to give
stockholders more and better company information as disclosure is one of the
best ways to safeguard investorsÊ interests. Figure 7.4 shows us the regulatory
functions of the Securities Commission.

Figure 7.4: Regulatory functions of the Securities Commission

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TOPIC 7 CORPORATE GOVERNANCE  123

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.

(c) Accountability and Audit


Accountability and audit refer to internal control and auditor relations.

The Code, which aims to achieve optimum governance framework, is divided


into two parts:

(a) Principles of corporate governance; and

(b) Best practices of corporate governance.

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.

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124  TOPIC 7 CORPORATE GOVERNANCE

Two other organisations supporting the best practices of corporate governance


in Malaysia are:

(a) Malaysian Institute of Corporate Governance


The Malaysian Institute of Corporate Governance (MICG), which was
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 (Malaysian Institute of Corporate Governance, 2007ă2008).
The mission of MICG is stated in Figure 7.5.

Figure 7.5: Mission of the Malaysian Institute of Corporate Governance

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TOPIC 7 CORPORATE GOVERNANCE  125

(b) Malaysian Institute of Chartered Secretaries and Administrators


Established in 1958, the Malaysian Institute of Chartered Secretaries and
Administrators (MAICSA) sets out to produce qualified company secretaries
and ensure the professionalism of its members (Malaysian Institute of
Chartered Secretaries and Administrators, 2010). MAICSA seeks to maintain
the highest standards of integrity and ethics among its members within
the profession. It also aims to act as a change catalyst by being actively
involved in enhancing corporate governance in the corporate field.
In addition, it sets out to champion best practices in corporate governance
and their importance by educating the Malaysian corporate sector.
Figure 7.6 shows the mission of MAICSA.

Figure 7.6: Mission of MAICSA

EXERCISE 7.1

Discuss how MICG and MAICSA help to instill good corporate


governance practices in Malaysia.

ACTIVITY 7.2

Visit the Securities Commission website at www.sc.com.my and


the Malaysian Institute of Corporate Governance (MICG) at
http://www.micg.org.my/

Find out how they encourage good corporate governance practices.

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126  TOPIC 7 CORPORATE GOVERNANCE

7.6 FUTURE OF CORPORATE GOVERNANCE


Corporate governance will be a significant part of corporate management in
time to come. To manage a corporation effectively and efficiently, management
must take corporate governance seriously. In order to have good corporate
governance, management should look into the following aspects:

(a) Involvement of Board of Directors


The board of directors will be held responsible for developing the
corporationÊs mission and vision, which take stakeholdersÊ interest into
careful consideration. In the business arena, the board of directors needs to
be alert that corporations do not operate in isolation.

(b) Perform Self-Assessments


Apart from that, board members are required to perform self-assessments.
This is set out to reflect on how effective the board is in governing the
corporation. By conducting self-assessments, they are also able to realise
how relevant they are in the corporate decision-making process.
Increasingly, board member selection will be more formalised.

(c) Enhanced Role of Nomination Committee


As spelled out in the 2007 revision of the Code, the role of the nomination
committee is enhanced. The committee is expected to play a more active
role in nominating qualified board members. Based on the fact that board
members operate in committees, they tend to work independently, which
affects the corporate governanceÊs function of oversight. Consequently,
boards are expected to perform more effectively as a team.

(d) Well-elaborated Explanation


More narrative information is expected to appear in the annual report.
Corporations are expected to explain more of their decisions and justify
their actions and to report not only their accomplishments but also their
weaknesses and failures.

(e) Shift of Model


A shift to the stakeholder model as opposed to the shareholder model
will be more apparent.

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TOPIC 7 CORPORATE GOVERNANCE  127

(f) Conduct Training and Seminars


A series of training and seminars are organised for corporations to realise
the importance of having a broader view of those to whom they should be
accountable.

(g) Greater Management Support


There will be greater management support for corporate governance as they
begin to realise the importance of good corporate governance practices.

(h) Well-informed Shareholders and Stakeholders


Shareholders and other stakeholders are now more well-informed and
educated. They are more sensitive towards current happenings in the
business world.

(i) Greater Government Involvement


Besides corporations, there will also be greater government involvement
and presence in promoting good corporate governance practices in light of
economic reform efforts. Good corporate governance practices will ensure
continuous support for businesses, which in turn will strengthen the
nationÊs economy.

ACTIVITY 7.3

Visit Bursa MalaysiaÊs website at www.klse.com.my to find out its


role in promoting good corporate governance practices in Malaysia.

EXERCISE 7.2

Discuss the aspects that management should look into in order to have
good corporate governance.

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128  TOPIC 7 CORPORATE GOVERNANCE

 Corporate governance is a formal system of oversight, accountability and


control of corporate decisions, operations and actions.

 There are three components in the definition of corporate governance:


oversight, control and accountability.

 There are two perspectives of corporate governance and they are:

 Shareholder perspective; and

 Stakeholder perspective.

 Board of directors and top management are fiduciaries to shareholders.


They are persons placed in positions of trust who use due care and loyalty
in acting on behalf of the organisationÊs best interests.

 In Malaysia, besides the Securities Commission, there are other organisations


which support the best practices of corporate governance such as the
Malaysian Institute of Corporate Governance (MICG) and the Malaysian
Institute of Chartered Secretaries and Administrators (MAICSA).

Accountability Institute of Secretaries and


Administrators
Board of directors
Securities commission
Code of Corporate Governance
Shareholder
Corporate governance
Stakeholder
Directors
Top management
Institute of Corporate Governance

Copyright © Open University Malaysia (OUM)


Topic  Moral
Dimensions
8 of Economic
System
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define economic system;
2. Explain the effects of performance appraisal on the ethical
dimension;
3. Explain five ethical guidelines for performance appraisal; and
4. Compare affirmative action and preferential treatment.

 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.

The moral dimensions of an economic system, in which resources are accessed


and manipulated while goods and services are exchanged and distributed, are
specified by what it does for people.

In this topic, we will look into these components: economic system, employment
and wages, ranking and rating, and ethical implications for performance appraisal.

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130  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

8.1 ECONOMIC SYSTEM


Everyone has to access physical resources to satisfy their physiological,
psychological, technological, aesthetic, intellectual and spiritual needs to
develop as human beings. Here, the economic system provides the much-needed
access.

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.

A morally sound economic system will ensure the following:

(a) Fair access to resources as well as exchange and distribution of goods


and services;

(b) Prohibition of any man-made obstacles such as discrimination on irrelevant


grounds that interfere with anyoneÊs access to resources; and

(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

Define economic system in your own words.

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TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  131

8.2 EMPLOYMENT AND WAGES


Are you aware of the importance of having a good manager? Figure 8.1 shows
the criteria of a good manager although it is portrayed in a sarcastic manner.
Why do you think it is essential for an organisation to have a good manager?

Figure 8.1: How to be a good manager


Source: http://geekandpoke. typepad.com

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132  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

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):

(a) Provide them with on- and off-the-job training;

(b) Give them effective job performance feedback;

(c) Allow them to participate in decision-making affecting the structure and


objectives of their jobs and how their performance on those jobs will be
measured;

(d) Provide opportunities for them to move to higher paying positions with
more responsibilities; and

(e) Provide them with safe working conditions.

Figure 8.2: How managers need to motivate and satisfy employees

Although the mentioned practices constitute good management, they have a


moral dimension as well. A companyÊs managers may ignore or abuse them in
the interest of the companyÊs bottom line. These actions are morally wrong
because they involve some form of injury or injustice to individuals, or failure
to give them due respect.

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TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  133

In the following subtopics, we will look into these aspects:

(a) Moral right to employment;

(b) Fair hiring practices;

(c) Affirmative action and preferential treatment;

(d) Wages;

(e) Equal pay for equal work;

(f) Equal pay for comparable work; and

(g) Share of the return on resources.

SELF-CHECK 8.2

List the factors that indicate good management. Discuss each factor
briefly.

8.2.1 Moral Right to Employment


What moral claims and rights do employees have against their employers
as far as employment is concerned? Are you aware of what has been happening
in America for the past 10 years in terms of employment? Many American plants
and industries decided to shut down or relocate their operations or downsize
their workforce. Apart from putting thousands of people out of work, this resulted
in many of the affected employees having to start over with new employers,
perhaps in totally different careers. Aside from economic losses, some of them
also suffered a severe psychological blow to their self-esteem.

Figure 8.3 clearly illustrates the effects of the shutting down, relocation and
downsizing of American plants and industries.

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134  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

Figure 8.3: Effects of shutting down, relocating


and downsizing 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.

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TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  135

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?

Are all businesses morally obligated to employ a minimum number of people


to achieve a satisfactory level of employment in the society in which they
operate?

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.

In a capitalistic system, this freedom includes the right:

(a) To hire and keep on the payroll those employees who are needed in order
to meet the demands of a particular business; and

(b) To operate efficiently at a satisfactory level of profit.

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.

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136  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

8.2.2 Fair Hiring Practices


In relation to fair hiring practises, these would be the viewpoints given by ethical
theorists:

(a) Natural Law Moralist


The natural law moralist (or anyone committed to a rights-based moral
theory) would point out that screening practices based on race, gender,
age or religious preference are immoral and violate the right of anyone to be
treated with dignity. Consequently, employers would ensure not to
discriminate based on characteristics that have nothing to do with an
individualÊs job performance.

(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.

(c) Cultural Relativist


The cultural relativist would argue that if there are no laws against
discrimination, then hiring and promotion policies would have to follow
whatever customs are acceptable to a particular society.

We have looked at the viewpoints adopted by ethical theorists in relation to


fair hiring practices. Now, let us move on to another related aspect ă
anti-discriminatory practices. Read the following question carefully:

Are employment agencies morally wrong if they comply with anti-


discriminatory practices but refuse to send minorities or other applicants on
interviews for positions they are qualified to fill? Would their cooperation
be formal or material in this instance?

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TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  137

Let us look at the viewpoints of ethical theorists in relation to the above question:

(a) Natural Law Moralist


The natural law moralist would consider it immoral since the agencies
have agreed to become an extension of the clientÊs employment office and
are performing a direct act of discrimination that is morally wrong in itself.

(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.

(c) Cultural Relativist


The cultural relativist would approve compliance with an employerÊs
wishes if discrimination is an accepted social practice and not against the law.

8.2.3 Affirmative Action and Preferential Treatment


There are many interpretations of the term „affirmative action‰. One of them is
as follows:

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.

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138  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

Now, let us move on to explore another important term which is in contrast


to affirmative action. Have you ever heard of the term „preferential treatment‰
or popularly known as „setting quotas‰?

Preferential treatment is the practice of hiring or promoting members of


minority groups in preference to those from non-minority groups.

Preferential treatment commits the very offence it is supposed to remedy, namely,


selection of a person purely on the basis of characteristics which have nothing
to do with performance in a function or job. Setting specific quotas for
minorities can be regarded as an immoral act.

Below are steps that need to be implemented to curb preferential treatment:

(a) Adopt a going-forward policy 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

(c) Practise preferential treatment only for a definite period.

Figure 8.4 shows clearly the distinction between affirmative action and
preferential treatment.

Figure 8.4: Comparison between affirmative action and preferential treatment

Copyright © Open University Malaysia (OUM)


TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  139

8.2.4 Wages
When it comes to wages, employees usually ask the following questions:

(a) What wages are employees morally entitled to?

(b) Are they entitled to a certain level of benefits in addition to basic wages?

EmployeesÊ wages are generally determined by the job market ă whatever it


takes to attract and keep productive people. Let us look at how wages differ
between large and small businesses:

(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.

Employment is employeesÊ access to a fair share of material resources, so at


minimum, their jobs should provide wages and benefits at a level that will
assure they live in some minimal but decent set of conditions.

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

During the 1997 economic crisis in Malaysia, many organisations


were forced to downsize their businesses, resulting in many workers
losing their jobs.

Discuss with your coursemates the above statement in relation to the


moral right to employment.

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140  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

8.2.5 Equal Pay for Equal Work


The principle of „equal pay for equal work‰ is currently established as part of
United StatesÊ labour law. This principle states that people performing the
same kind of work must be paid the same salaries as well. However, the principle
is not taken into consideration when the employees can do the work faster or
more efficiently than other employees; which justifies paying them more.
Race, gender, age and handicaps have no bearing on pay treatment where
equal work is concerned.

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.

8.2.6 Equal Pay for Comparable Work


In recent years, the notion of „equal pay for comparable work‰ has influenced
some states in the United States to pay civil servants the same salaries if it
can be demonstrated that jobs involving different responsibilities, such as
tree trimmers and lorry drivers, require the same relative levels of education,
skill, knowledge and experience.

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.

Copyright © Open University Malaysia (OUM)


TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  141

What is morally required is that no class of people is excluded from obtaining


high-paying jobs on irrelevant grounds. This approach to determining salaries
came about because women have for years been paid lower wages for many
kinds of work which require the same skills and knowledge like their male
counterpart. If women were excluded from these jobs just because of their
gender, then this discriminatory practice has to be corrected in order to give
equal opportunity for women.

ACTIVITY 8.2

What is your opinion on equal pay for equal work and equal pay for
comparable work? Discuss with your coursemates.

8.2.7 Share of Returns on Resources


There is a relationship between the amount of material resources a company
uses and its obligation to distribute the return realised from those resources to
the societyÊs members. That return does not depend solely on the amount of
resources used but also on how well a company manages them and how
productive its workers are.

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.

Copyright © Open University Malaysia (OUM)


142  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

SELF-CHECK 8.3

In relation to fair hiring practices, explain the viewpoints of the


following ethical theorists:

(a) Natural law moralist;

(b) Utilitarian; and

(c) Cultural relativist.

8.3 RANKING AND RATING


How well employees are paid generally depends on how well their supervisors
think they are doing their jobs. While performance on the job and potential for
advancement are not the same thing, a person who is able to handle increased
responsibility will probably not move up in the company without performing
well in his current assignment.

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:

(a) Informal Appraisal


In small businesses, employers generally are able to observe the performance
of their employees directly and the appraisal process is not very complex.

(b) Formal Appraisal


Large companies, particularly those with many people in management,
grade, rank and rate employees in various units of the business against
their co-workers. Those deemed better performers than others at the
same level in the unit generally receive better pay.

ACTIVITY 8.3

What are some of the criteria used by higher management in measuring


employeesÊ performance?

Copyright © Open University Malaysia (OUM)


TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  143

8.4 ETHICAL IMPLICATIONS FOR


PERFORMANCE APPRAISAL
People express their dignity and worth as individuals through their work. Their
work provides them with a means to achieve personal goals and contribute to their
own well-being, as well as the well-being of their family and society. The formal
or informal public recognition of their work received from the various
communities to which they belong is a powerful constituent of their self-image
and of „who they are‰. No opinion is more important to them than what their
employers think of their work performance.

Managers have a duty to prepare sound performance appraisals. If employees


question the fairness of their remuneration, their morale and performance
will be affected. However, there is also a moral dimension to this responsibility.
We need to consider the impact of appraisals on the persons being evaluated
and on their perception of their self-worth as measured by what their supervisors
think of them.

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.

To ensure ethical treatment of employees in the appraisal process, some


fundamental guidelines need to be observed. Although the guidelines shown in
Table 8.1 may seem like basic good management skills, it is important to bear
them in mind because they directly affect human beings whose dignity requires
that they be treated justly and with respect.

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144  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

Table 8.1: Key Ethical Guidelines for Performance Appraisal

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.

Use valid Performance must be measured against valid criteria. It would be


criteria unjust to knowingly measure an employeeÊs performance using a plan
which does not apply in some significant respect to the operation
being managed.

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.

Subordinates Subordinates have a right to counselling, coaching and training to


have the help improve their performance.
right to
improvement

Copyright © Open University Malaysia (OUM)


TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM  145

Now, let us try to do the exercise below.

EXERCISE 8.1

1. What moral claims and rights do employees have against their


employers as far as employment and wages are concerned?

2. Compare affirmative action and preferential treatment.

3. „Performance appraisal systems have an ethical dimension‰. Do


you agree with this statement? State your reasons.

4. Indicate some key ethical guidelines for performance appraisal.

 An economic system is an ongoing process where people exchange material


goods and personal services in support of an entire range of human interests.

 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.

 Affirmative action deals with employment and promotion opportunities


being open to all, regardless of gender, race, religion and age.

 Preferential treatment is the practice of hiring or promoting members of


minority groups in preference to those from non-minority groups.

 Managers, workers and shareholders have a claim to a fair share in proportion


to their effort to use resources efficiently and productively in the enterprise.

Copyright © Open University Malaysia (OUM)


146  TOPIC 8 MORAL DIMENSIONS OF ECONOMIC SYSTEM

 All employees are subject to a formal or informal appraisal process. However,


performance appraisal systems have an ethical dimension. People express
their dignity and worth through work; formal and informal public recognition
of their work affirms their self-worth.

 There are several key ethical guidelines in relation to performance appraisal:

 Have the right for improvement;

 Get the feedback;

 Use valid criteria;

 Have the essential information on subordinate; and

 Set the objectives.

Affirmative action Material resources


Cultural relativist Natural law moralist
Economic system Performance appraisal
Employment Preferential treatment
Equal pay Utilitarian
Fair hiring practices Wages

Copyright © Open University Malaysia (OUM)


Topic  Employees
and the
9 Workplace
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define employeesÊ right to privacy;
2. Identify the moral grounds a company has to take prior to hiring
employees; and
3. Identify instances leading to violations of privacy.

 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?

Companies want to protect themselves, their employees and their customers


from avoidable harm. As a result, 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.

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.

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148  TOPIC 9 EMPLOYEES AND THE WORKPLACE

Figure 9.1: Employee privacy


Source: https://www.google.com

9.1 RESPECTING EMPLOYEES’ RIGHT TO


PRIVACY
Any company has the right to protect itself from fraud, loss of proprietary
information and trade secrets, and from harm to its facilities, employees,
customers or to the public it serves.

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.

Figure 9.2: Polygraph test


Source: http://www.akhbarassociates.com

Copyright © Open University Malaysia (OUM)


TOPIC 9 EMPLOYEES AND THE WORKPLACE  149

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:

(a) How far can managers invade a prospective or current employeeÊs


privacy in the interests of the enterprise?

(b) Does a companyÊs right to protect itself always override an employeeÊs


right to privacy?

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.

Companies may install sophisticated devices such as closed-circuit television


(CCTV) or computer software to monitor the movement of their employees
in the office and computer network.

Figure 9.3 shows the image taken by a closed-circuit television which enables
the employer to monitor employeesÊ movements.

Figure 9.3: Monitoring of employeesÊ movements through closed-circuit television


Source: http://isafesoft.com

Copyright © Open University Malaysia (OUM)


150  TOPIC 9 EMPLOYEES AND THE WORKPLACE

ACTIVITY 9.2

Answer the following questions in the myINSPIRE forum.

(a) How far can employers invade a prospective or current employeeÊs


privacy in the interests of the organisation?

(b) Does an organisationÊs right to protect itself always override an


employeeÊs right to privacy?

ACTIVITY 9.3

There are cases in Malaysia where employers are found to check on


their employeesÊ social life through social media sites such as Facebook.

Discuss with your coursemates in the myINSPIRE forum whether this


is an intrusion of employeesÊ right to privacy.

9.2 SUBSTANCE ABUSE


No company wants to be placed in jeopardy by employees who cannot perform
their duties due to the influence of drugs or alcohol. Nowadays, due to the
widespread abuse of alcohol and drugs, many employers fear they may
unwittingly hire an addict or alcoholic. Consequently, testing for drug use is a
pre-employment requirement in many businesses. The question is: do companies
have a moral right to drug-test employees?

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.

Copyright © Open University Malaysia (OUM)


TOPIC 9 EMPLOYEES AND THE WORKPLACE  151

Likewise, a company is morally justified in insisting on testing job applicants


for drug use as a protective measure, especially where the safety of customers
and other employers is at stake. The company requiring the tests, however,
needs to ensure that:

(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.

If these precautions cannot be reasonably observed, then the company has no


right to demand the drug tests.

The following are two questions related to employeesÊ drug testing:

(a) What about Testing People Already on the Payroll?

(i) This means training supervisors in proper techniques of recognising


signs of abuse;

(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

(iii) It is small comfort to find out that an employee was high on


drugs or drunk after he or she had caused a fatal airline, train or
bus accident. That unhappy conclusion explains why employers
sometimes resort to random testing of all employees in
occupations where the risk of harm to people or property is high if
employees make a mistake.

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152  TOPIC 9 EMPLOYEES AND THE WORKPLACE

(b) Is Random Testing of Employees Morally Justified?


The principle of probable cause seems applicable, meaning that
testing for drug abuse is legitimate only if an employer has a valid
suspicion that an employeeÊs work performance is being adversely
affected by drug use.

It is arguable that only two circumstances could justify any testing of


employees:

(i) Valid suspicion that a particular employee is on drugs; or

(ii) Statistically valid evidence that the incidence of drug use among
the suspected employees is significant.

It would be particularly applicable in jobs where the safety of other


employees, customers or the general public would be threatened by
impaired job performance. If random testing ensures satisfactory results,
it seems that it is morally justified as long as all employees are equally
subjected to it.

SELF-CHECK 9.1

What are the factors which need to be considered before an organisation


conducts a drug test on its employees?

9.3 ABUSING EMPLOYEES


Have you ever been in a situation where in a fit of anger, your employer
scolds you loudly in front of your co-workers? As shown in Figure 9.4, it is
probably not uncommon for bosses to fly into a rage at their subordinates.

Copyright © Open University Malaysia (OUM)


TOPIC 9 EMPLOYEES AND THE WORKPLACE  153

Figure 9.4: An employer scolding an employee

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:

(a) Not agreeing to falsify financial statements;

(b) Refusing sexual advances;

(c) Not trying to get out of jury duty; or

(d) Refusing to commit deception on behalf of a union or company.

Such instances involve clear violation of privacy. It is certainly necessary to let


an employee know that he is not performing satisfactorily. However, that is
not something other employees or managers, who are not in the personÊs
direct line of supervision or who will not likely ever supervise that person,
have a right to know.

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.

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154  TOPIC 9 EMPLOYEES AND THE WORKPLACE

Everyone is entitled to a good public reputation. Using threats to force


employees to violate the law is a kind of invasion of privacy. It intrudes into
the personÊs realm of conscience and puts him in legal jeopardy.

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

What aspects might be regarded as an intrusion of employeesÊ privacy?

To reinforce your understanding, answer the following questions.

EXERCISE 9.1

1. In your own words, describe your understanding of employeesÊ


right to privacy.

2. As the personnel manager of a company, what would be your


preparation prior to hiring prospective employees?

3. Under what circumstances is random drug-testing of employees


morally justified?

Copyright © Open University Malaysia (OUM)


TOPIC 9 EMPLOYEES AND THE WORKPLACE  155

 An employee has the right to privacy and no one, not even the employer,
has the right to intrude into the employeeÊs privacy.

 Companies want to protect themselves, their employees and their customers


from avoidable harm.

 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.

 Scolding employees in public for poor work performance violates their


privacy. Everyone has the right to his public reputation, and only those
who need to know about a personÊs performance should hear about it.

 Threatening a person for refusing to do something immoral or illegal invades


a personÊs conscience or puts him into legal trouble and is a violation of
privacy.

 Natural law moralists would regard any abuse of an employee as morally


wrong, while utilitarian moralists would find it justified only in extreme
circumstances where the overall good demands it. Cultural relativists
would have to determine whether the particular community in which the
abuse occurs would tolerate it.

Drug test Polygraph tests


Employee abuse Random testing
Employee privacy Substance abuse

Copyright © Open University Malaysia (OUM)


Topic  Loyalty to a
Company
10
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Define loyalty to a company;
2. Explain internal and external whistle-blowing;
3. Explain circumstances under which internal and external
whistle-blowing is morally permissible, if not obligatory; and
4. Discuss the impact of improper loyalty on a companyÊs daily
operations.

 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.

Copyright © Open University Malaysia (OUM)


TOPIC 10 LOYALTY TO A COMPANY  157

Figure 10.1: Wedding ceremony


Source: http://www.nomoho.org

Do you think loyalty is important at the workplace? In business too, employers


value and expect loyalty from their employees.

In this topic, we will look into aspects related to company loyalty:

(a) Loyalty to employer;

(b) Whistle-blowing;

(c) Morality of terminating whistle-blowers; and

(d) Improper loyalty.

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158  TOPIC 10 LOYALTY TO A COMPANY

10.1 WHAT LOYALTY MEANS


Loyalty is required from an employee to an employer. However, what is loyalty
to employer? Let us look at what it means.

Loyalty to employer indicates the moral obligation of employees to:

(a) Discharge their duties competently;

(b) Obey the legitimate orders of their superiors;

(c) Keep company information and trade secrets confidential; and

(d) Avoid any conduct that is in conflict with the companyÊs rightful
interests.

Loyalty is a prized virtue, at least as far as employers are concerned. Once a


person accepts a job with a company, he is considered to owe his loyalty to
the company, both while employed and under certain conditions, even after
leaving the company.

Is loyalty to oneÊs employer a moral obligation? The answer depends on how


you define loyalty. If it means that people are expected to do their job at
some acceptable level of competence or to do what their supervisors tell them
to do, whether in terms of their job description or day-to-day directives,
then loyalty is a matter of moral obligation because these expectations are the
very essence of the employment contract.

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.

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TOPIC 10 LOYALTY TO A COMPANY  159

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:

(a) Are these restrictions limited?

(b) Can companies compel managers to sign agreements that appear to be


all-inclusive in restricting outside activities?

It is doubtful that companies have the right to insist on such sweeping


limitations. It seems perfectly acceptable for an accountant, management
specialist, engineer or personnel specialist to offer his professional expertise to
people or organisations who are not competitors or potential clients of his
company.

ACTIVITY 10.1

In your opinion, what is the most effective way for a company to


ensure that its employees remain loyal to the company? Analyse how
workplace loyalty can translate into better overall company performance.
Share your thoughts in the myINSPIRE online forum.

SELF-CHECK 10.1

What does loyalty to employer mean? Explain briefly.

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160  TOPIC 10 LOYALTY TO A COMPANY

10.2 WHISTLE-BLOWING
Who is a whistle-blower? Read the explanation below to learn more about
whistle-blowers.

A whistle-blower, in the business world, is one who reports on the illegal or


immoral actions of fellow employees, supervisors or company officers.

Figure 10.2 shows how a whistle-blower can have a very significant position
in an organisation.

Figure 10.2: A whistle-blower may have a significant position in an organisation


Source: http://www.cartoonstock.com

Whistle-blowing can be divided into two categories:

(a) Internal Whistle-blowing


The accusation is made through the lines of supervision or other
designated channels within the company.

(b) External Whistle-blowing


The accusation is reported to people or agencies outside the company,
like government authorities or the media.

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TOPIC 10 LOYALTY TO A COMPANY  161

The most likely justification for blowing the whistle is if somebody in a


company is engaging in or tolerating an activity that will harm employees,
stockholders or the public. The only way to stop the activity is to inform the
appropriate supervisors in the company or, if that channel is blocked, to go to
the authorities or the media.

You need to answer these two questions:

(a) When is whistle-blowing morally justified?

(b) Is it morally obligatory?

Since the answers to these questions vary depending on whether the


whistle-blowing is internal or external, each variety will be treated separately
in the following subtopics.

10.2.1 Internal Whistle-blowing


Imagine that you are an executive at a large company. Suppose you have
good reasons to suspect that a manager at your firm is committing one of the
following offences:

(a) Falsifying expense accounts;

(b) Taking bribes from suppliers;

(c) Using company resources or equipment for personal reasons;

(d) Stealing supplies and materials from the company; or

(e) Working for a competitor.

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.

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162  TOPIC 10 LOYALTY TO A COMPANY

Table 10.1: Justification for Internal Whistle-blowing

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.

Reasonable There should be some reasonable expectation that blowing the


expectation of whistle will be effective; that the suspectÊs supervisor will put a
effectiveness stop to what is going on because he believes that the offence is as
serious as the whistle-blower thinks it is.

Impact on The whistle-blower has to consider the possible damage to his


oneself own reputation and prospects in the business. Will the action be
seen as a mark of loyalty, trivial talk, an act of spite, or simply a
chance to smear a rival for promotion? Will the whistle-blower
be labelled a troublemaker, however good his intentions may be?

Moral Finally, the whistle-blower might discover that, in some instances


obligation such as using company equipment for personal reasons, simply
confronting the guilty employee with his wrongdoing might be
enough to stop it.

Is it morally obligatory to blow the whistle on a manager? The


answer to this question begins with establishing who has the
primary obligation to watch out for and investigate any
questionable action by any employee.

Let us say that if a manager signs an agreement with the company


acknowledging a responsibility to report, through the proper lines
of supervision, all instances of possible wrongdoing he or she
might encounter. Then, there would be moral obligation to blow
the whistle whenever the need arises. However, such explicit
formal agreements are rare.

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TOPIC 10 LOYALTY TO A COMPANY  163

ACTIVITY 10.2

What actions would you take if you suspect disloyalty from a manager
in your company? Discuss with your coursemates.

10.2.2 External Whistle-blowing


A manager who reports company wrongdoing to government authorities or
the media is engaging in external whistle-blowing. When do you think
external whistle-blowing is permissible? Is it ever obligatory?

In addition to the criteria of justifications listed earlier for the internal


whistle-blower, several others are required before external whistle-blowing is
justified, as shown in Table 10.2.

Table 10.2: Criteria of Justification for External Whistle-blowing

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.

External It must be evident that external agencies like auditors or public


agencies regulatory bodies are unable or unwilling to report what is going on.

Significant A significant case of harm to stockholders, employees or the public


case of harm has to be at issue, such as fraud, embezzlement, unsafe working
conditions or illegal dumping of hazardous materials.

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.

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164  TOPIC 10 LOYALTY TO A COMPANY

Only when these conditions are satisfied, would external whistle-blowing be


justified.

We have looked at the required criteria of justification for external whistle-


blowing. However, when would it be morally obligatory?

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

Explain the two types of whistle-blowing briefly.

Enhance your understanding by attempting the exercise below.

EXERCISE 10.1

Differentiate between internal and external whistle-blowing. What


would be the causes for their necessity?

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TOPIC 10 LOYALTY TO A COMPANY  165

10.3 MORALITY OF TERMINATING


WHISTLE-BLOWERS
Do you think that companies are justified in firing, demoting or cutting short the
careers of whistle-blowers? The answer is no. As long as whistle-blowers have
reported a genuine case of misconduct through appropriate channels, or have gone
outside the company (as a last resort), there are no legitimate grounds whatsoever
to discipline them.

However, a company would be justified in taking action against a staff:

(a) Who is a whistle-blower if he lied about a case or knowingly misrepresented


it so that it looked more serious than it really was;

(b) As an act of revenge on a fellow employee or supervisor;

(c) As a protest over an unfavourable company policy; or

(d) To discredit a rival for the purpose of promotion.

A whistle-blower, whether internal or external, performs a morally praiseworthy


act if he steps in to prevent serious harm to the people or the environment, a harm
that could not be justified by company officials. Therefore, it would be a clear
case of injustice or immoral act, to punish that person for doing what is morally
right just to get revenge on him or to please higher levels of management
who might dislike the truth being exposed.

10.4 IMPROPER LOYALTY


Sometimes, managers believe that loyalty to the boss means covering up for his
serious mistakes or even wrongdoing. This belief is wrong. A manager has a
fiduciary duty to the owners of the business. Thus, it would be a violation of
that duty to cover up the actions of a supervisor which harm 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 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.

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166  TOPIC 10 LOYALTY TO A COMPANY

Now, find out how much you have understood from your reading by attempting
the following exercise.

EXERCISE 10.2

1. Define loyalty to a company.

2. Under what circumstances would internal whistle-blowing be


morally justified?

3. „It is a wrong belief that loyalty means covering up for errors or


wrongdoings by our superiors‰. Do you agree with this statement?
Discuss.

 Employers value and expect loyalty from their employees.

 Employees have a moral obligation to be loyal to their employers by doing


their job competently, obeying the legitimate orders of their supervisors,
keeping company information and trade secrets confidential, and avoiding
acts that conflict with the companyÊs rightful interests.

 Employers should not ask managers to show their loyalty by committing


illegal or immoral actions, engaging in deceitful advertising, or harassing,
demoting or firing employees for reasons not related to their job.

 The obligation to blow the whistle internally depends on who has primary
responsibility for discovering and investigating an employeeÊs questionable
actions.

 An employeeÊs immediate supervisor has to be alert towards any seriously


questionable actions a subordinate might perform. A companyÊs security
organisation, if it has one, is responsible for helping to protect the companyÊs
assets.

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TOPIC 10 LOYALTY TO A COMPANY  167

 A decision to blow the whistle externally, to some outside party, is justifiable


when all the conditions for internal whistle-blowing have been satisfied,
and if the company supervision knows about but refuses to take action to
remedy the harm posed to the interests of the shareholders, employees or
the public.

 There is no moral justification for firing whistle-blowers who uncover cases


of wrongdoing that involve serious harm to people or the environment
which could not have been prevented through the usual company channels.
To do so would be to unjustly punish someone for doing what is morally right.

 Loyalty is sometimes mistakenly taken to mean covering up for a


supervisorÊs errors or wrongdoings.

Loyalty Whistle-blowing
Whistle-blower

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168  ANSWERS

Answers

TOPIC 1: MORAL REASONING AND ETHICAL


THEORY

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.

The deontological theory/universalism states that the moral worth of an


action cannot be dependent upon the outcome because these outcomes are
so 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 though you happen to be an
unimpressive and clumsy individual who always seems to be doing the
wrong thing.

2. Weaknesses of each ethical theory:

(a) Eternal Law


Each religion provides moral standards for its 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, the best or proper for society. Even the
Golden Rule, which is a simple, elegant and sensible guide to life,
cannot be applied universally at all times.

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ANSWERS  169

(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.

(iii) It is impossible to balance the benefits of the majority against


the sacrifices of a minority.

(c) Universalism

(i) It is a useful method of moral reasoning but there are no


priorities and no degrees.

(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.

(d) Distributive Justice Theory


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.

(e) Personal Liberty Theory


It is based on a very narrow definition of liberty which is limited to
the negative right not to suffer from the intrusion of others. The right
to life, for instance, is the right to not be killed by others. However,
it may also include the right to continue living through access to
some minimal level of food, shelter, clothing and medical assistance,
which come from personal initiative, rather than social cooperation.

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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).

2. According to Immanuel Kant, in a moral universe, every person has


basic rights to free consent, privacy, freedom of conscience, freedom of
criticising and fairness. (Refer to Table 1.2: Kantian Rights).

3. Yes/No. The Golden Rule is a Christian principle based on a verse in


the Bible, „Do unto others as you would have them do unto you‰. This
principle can also be found in most, if not all, world religions. It requires
identifying various courses of action and choosing the one that treats
others the way you would want to be treated. In terms of business
organisation, the others are the organisationÊs stakeholders. Stakeholders
include the organisationÊs investors, partners, employees, unions,
customers, suppliers and the government.

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).

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ANSWERS  171

TOPIC 2: STAKEHOLDER RELATIONSHIPS

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.

A non-market stakeholder is an individual or group who is not engaged


in direct economic transactions with the organisation but is affected by or
can affect its actions.

2. Customers and employees.

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.

2. False. One more responsibility is philanthropic responsibility.

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172  ANSWERS

TOPIC 3: NATURE OF ETHICS IN MODERN


BUSINESS

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).

2. Characteristics of ethical problems in management:

(a) Extended consequences.

(b) Multiple alternatives.

(c) Mixed outcomes.

(d) Uncertain consequences.

(e) Personal implications.

Exercise 3.2
1. (a) Economic analysis (based upon impersonal market forces).

(b) Legal analysis (based upon impersonal social forces).

(c) Ethical analysis (based upon personal principles and values).

2. Some ethical problems in management:

(a) Pricing level.

(b) Advertising messages.

(c) Product promotions.

(d) Working conditions.

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ANSWERS  173

(e) Customer service.

(f) Workforce reduction.

(g) Environmental pollution.

(h) Community relations.

(i) Supplier relations.

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.

2. The discussion must cover all the characteristics of ethical problems in


management which includes the following:

(a) Most ethical decisions have extended consequences.

(b) Most ethical decisions have multiple alternatives.

(c) Most ethical decisions have mixed outcomes.

(d) Most ethical decisions have uncertain consequences.

(e) Most ethical decisions have personal implications.

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174  ANSWERS

TOPIC 4: MANAGERIAL ETHICS AND RULE OF


LAW

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.

2. The basic characteristics of law are as follows:

(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.

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ANSWERS  175

(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:

(a) Individual processes.

(b) Group processes.

(c) Social processes.

(d) Political processes.

2. Social institutions and their responsibilities:

Social Institutions Responsibilities

Legislatures and councils Law formation

Attorneys Law explanation

Courts Law interpretation

Police Law enforcement

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176  ANSWERS

TOPIC 5: ORGANISATIONAL APPROACHES IN


IMPROVING ETHICAL BEHAVIOUR

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.

3. Ethics training usually involves lectures offered by a company trainer and


is usually given to managers. To be effective, ethics training should be
related to actual situations that employees may experience in their job
and possible ethical solutions to those problems. Ethics training is effective
if it educates a firmÊs employees about the firmÊs policies and expectations,
relevant laws and regulations, and general social standards. An effective
ethics training would also make employees aware of the resources, support
systems and personnel available to assist with ethics and legal advice.

4. The structural causes of unethical behaviour are divisionalised and


decentralised structures in a big company.

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ANSWERS  177

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.

The other measure is to put less emphasis on the financial measures of


performance (sales revenues, variable costs, fixed expenses and quarterly profits)
and more on numerical measures (customer complaints, quality rejections,
workforce absenteeism, community attitudes and delay in responding to
dividend enquiries).

TOPIC 6: SOCIAL RESPONSIBILITY

Exercise 6.1
1. The three critical turning points in the evolution of thinking about social
responsibility are:

(a) Entrepreneural Era.

(b) Depression Era.

(c) Social Era.

2.
Supporting Social Responsibility Opposing Social Responsibility

Businesses create problems and should The purpose of businesses is to


therefore help to solve them. generate profit for their owners.

Corporations are citizens in our Involvement in social programmes


society. gives businesses too much power.

Businesses often have the resources There is a potential for conflict of


necessary to solve problems. interest.

Social responsibility can enhance Businesses lack the expertise to


profits. manage social programmes.

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178  ANSWERS

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.

TOPIC 7: CORPORATE GOVERNANCE

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).

Established in 1958, Malaysian Institute of Chartered Secretaries and


Administrators (MAICSA) sets out to produce qualified company secretaries
and ensure the professionalism of its members. MAICSA seeks to maintain
the highest standards of integrity and ethics among its members within the
profession. It also aims to act as a change catalyst by being actively involved
in enhancing corporate governance in the corporate field. In addition, it sets out
to champion best practices in corporate governance and their importance by
educating the Malaysian corporate sector. (Refer to Figure 7.6: Mission of
MAICSA).

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ANSWERS  179

Exercise 7.2
In order to have good corporate governance, management should look into
the following aspects:

(a) Involvement of Board of Directors


Board of directors will be held responsible for developing the corporationÊs
mission and vision, which take stakeholdersÊ interest into careful
consideration. In the business arena, the board of directors needs to be
alert that corporations do not operate in isolation.

(b) Perform Self-Assessments


Board members are required to perform self-assessments. This is set out
to reflect how effective the board is in governing the corporation.
By conducting self-assessments, they can realise how relevant they are in
the corporate decision-making process. Increasingly, board member
selection will become more formalised.

(c) Enhanced Role of Nomination Committee


As spelled out in the 2007 revision of the Code, the role of the nomination
committee is enhanced. The committee is expected to play a more active role
in nominating qualified board members. Based on the fact that board
members operate in committees, they tend to work independently, which
affects the corporate governanceÊs function of oversight. Consequently,
boards are expected to perform more effectively as a team.

(d) Well-elaborated Explanation


More narrative information is expected to appear in the annual report.
Corporations are expected to explain more of their decisions and justify
their actions and to report not only their accomplishments but also their
weaknesses and failures.

(e) Shift of Model


A shift to the stakeholder model as opposed to the shareholder model
will be more apparent.

(f) Conduct Training and Seminars


A series of training and seminars are organised for corporations to realise
the importance of having a broader view of those whom they should be
accountable for.

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180  ANSWERS

(g) Greater Management Support


There will be greater management support for corporate governance as
they begin to realise the importance of good corporate governance practices.

(h) Well-informed Shareholders and Stakeholders


Shareholders and other stakeholders are now more well-informed and
educated. They are more sensitive towards current happenings in the
business world.

(i) Greater Government Involvement


Besides corporations, there will also be greater government involvement
and presence in promoting good corporate governance practices in light
of economic reform efforts. Good corporate governance practices will
ensure continuous support for businesses, which in turn will strengthen
the nationÊs economy.

TOPIC 8: MORAL DIMENSIONS OF ECONOMIC


SYSTEM

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.

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 a capitalistic system, this freedom includes the right:

(a) To hire and keep on the payroll employees who are needed in order
to meet the demands of a particular business; and

(b) To operate efficiently at a satisfactory level of profit.

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ANSWERS  181

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 on any specific job offered in the private
sector.

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.

Preferential treatment is the practice of hiring or promoting members of


minority groups in preference to those from non-minority groups.
Preferential treatment commits the very offence it is supposed to remedy,
namely, selection of a person purely on the basis of characteristics which
have nothing to do with his performance in a function or job. Setting
specific quotas for minorities can be regarded as an immoral act.

3. Yes, I agree with this statement. There is a moral dimension to this


responsibility. We need to consider the impact which appraisals have on the
persons being evaluated and on their perception of their self-worth as
measured by what their supervisors think of them. 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 judged in line
with their provisions and standards. To ensure ethical treatment of
employees in the appraisal process, some fundamental guidelines need
to be observed.

4. Refer to Table 8.1: Key Ethical Guidelines for Performance Appraisal.

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182  ANSWERS

TOPIC 9: EMPLOYEES AND THE WORKPLACE

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.

It is necessary to let an employee know if he does not perform satisfactorily.


However, that is not something other employees, managers who are not in
the personÊs direct line of supervision or who are not likely to ever supervise
that person, have a right to know. Everyone is entitled to his good public
reputation. Finally, using threats to force employees to violate the law is a
kind of invasion of privacy. It intrudes into the personÊs realm of conscience
and puts him in legal jeopardy. For the natural law moralist or any
rights-based moralist, these instances are evidence of employee abuse, of
violation of human dignity and respect for persons. Therefore, these are
considered immoral. It is unlikely that utilitarian moralists would ever
argue that these practices are morally justified and would produce good
results on the whole. As for cultural relativists, it is unlikely that societal
customs anywhere in the world would accept this kind of treatment at the
workplace.

2. I would use pre-employment tests to find out their level of honesty and
test their abilities and capabilities.

3. The principle of probable cause seems applicable, meaning that testing


for drug abuse is legitimate only if an employer has a valid suspicion that
an employeeÊs work performance is being adversely affected by drug abuse.

Only two circumstances could justify any testing of employees:

(a) Valid suspicion that a particular employee is on drugs; or

(b) There is statistically valid evidence that the incidence of drug use
among the suspected employees is significant.

It would be particularly applicable in jobs where the safety of other


employees, customers or the general public would be threatened by
impaired job performance. If random testing ensures satisfactory results, it
seems that it is morally justified as long as all employees are equally
subjected to it.

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ANSWERS  183

TOPIC 10: LOYALTY TO A COMPANY

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.

A company needs whistle-blowers in case someone in the company engages in


or tolerates an activity that will harm the companyÊs employees or stockholders,
or the public. The only way to stop the activity would be to inform the
appropriate supervisors in the company or, if that channel is blocked, to go to
the 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.

2. Refer to Table 10.1: Justification for Internal Whistle-blowing.

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.

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184  ANSWERS

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