2010 SP4 - Swinburne CIS13 - Assignment 2 - Ethical Considerations
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Transcript of 2010 SP4 - Swinburne CIS13 - Assignment 2 - Ethical Considerations
Ethical Considerations An overview of some Ethical Considerations for a member of the HRD of a large manufacturing organization.
“I hold a copy of this assignment that can be produced if the original is lost/damaged. To the best of my belief, no part of this assignment has
been copied from any other student’s work or from any other source except where due acknowledgement is made in the text. No part has
been written for me/us by any other person, except where such collaboration has been authorised by the lecturer concerned.”
Andrew Cole
CIS13 Assignment 2 February 2011
Andrew Cole 7208383
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Executive Summary
Helen is an employee of the Human Resources Department (HRD) at a large
manufacturing organization. She has been approached by a friend of hers and asked
to release some information considered confidential by the HRD.
This report considers the ethical situation that Helen has been placed in through her
friend’s actions. The possible actions that Helen can take are considered against the
Australian Computer Society (ACS) Code of Ethics, the ACS Code of Professional
Conduct and Professional Practice, the Australian Public Service (APS) Values and
the APS Code of Conduct.
Two appendixes present Data Flow Diagrams for a business process in the Human
Resources Department.
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Table of Contents
Executive Summary .................................................................................................... i
Table of Contents ........................................................................................................ii
1. Introduction ......................................................................................................... 1
1.1. Ethics ................................................................................................................. 1
1.2. Decision ............................................................................................................. 1
1.3. Guidelines .......................................................................................................... 1
2. Arguments against disclosure ............................................................................. 2
2.1. Confidentiality .................................................................................................... 2
2.2. Legality .............................................................................................................. 2
2.3. Improper Use ..................................................................................................... 2
3. Arguments for disclosure .................................................................................... 3
3.1. Equity ................................................................................................................. 3
3.2. Quality of Life ..................................................................................................... 3
4. Other Considerations .......................................................................................... 4
4.1. Conflict of Interests ............................................................................................ 4
4.2. Advice ................................................................................................................ 4
5. Recommendations .............................................................................................. 5
5.1. Disclose or not ................................................................................................... 5
5.2. Alternate course of action .................................................................................. 5
6. Conclusion .......................................................................................................... 7
References ................................................................................................................. 8
Appendix A. Context Diagram ................................................................................. 9
Appendix B. Level Zero Data Flow Diagram .......................................................... 10
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1. Introduction
Helen works for the Human Resources department of a large manufacturing
organisation. She has been approached by a close friend of hers, Chen, and asked
to confirm a suspicion he holds concerning a recent bonus. Chen suspects that his
bonus was not equitable when compared to those of his colleagues.
1.1. Ethics
Helen is concerned about the ethical implications of the situation Chen has placed
her in. While she has easy access to the information that Chen has asked her to
disclose and considers fairness and equity important, the information is confidential
and disclosing it would be a violation of the ethical guidelines the HR department
operates under.
1.2. Decision
The choice Helen faces is between disclosing the information to Chen and not
disclosing the information. In making her decision Helen must take into account
every effect the decision would have, whether it is on Helen, Chen, their colleagues
or the company as a whole.
1.3. Guidelines
Helen’s company has a set of ethical guidelines that she presumably agreed to abide
by as part of her employment agreement. Standards such as these are common in
the workforce today. Examples of such standards can be found in the Australian
Computer Societies (ACS) Code of Ethics (ACS n.d.) and Code of Professional
Conduct and Professional Practice (ACS 2005). The Australian Public Service (APS)
operates under the Public Service Act of 1999, which includes the APS Values
(Public Service Act 1999 (Cwlth), s. 10) and an APS Code of Conduct (Public
Service Act 1999 (Cwlth), s. 13). These standards are used here to support a
solution for Helen’s dilemma.
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2. Arguments against disclosure
The obvious solution is for Helen to refuse to release the information Chen has
requested, as it is confidential. Several clauses in the ACS and APS codes would
support this decision.
2.1. Confidentiality
The information Chen has requested is considered confidential by the company.
Disclosure of this information would be a breach of such confidentiality.
The ACS code states “You must not disclose information acquired in the course of
your professional work” (ACS 2005, A3). The only exceptions allowed to this
requirement are when disclosure is legally required or consent has been obtained.
2.2. Legality
Release of the information could be considered a breach of the Privacy Act (Privacy
Act 1988 (Cwlth)), which prohibits the release of personal information.
The APS code explicitly states that employees should adhere to applicable laws
(Public Service Act 1999 (Cwlth), s. 13, 4), as does the ACS Code (ACS 2005, L1).
2.3. Improper Use
Use of the information that Helen has gained during her employment to benefit
another would constitute improper use of that information. As the information was
collected to support the payroll process, proper use of that information is limited to
that use.
The APS code states that employees must “not make improper use of inside
information … in order to gain, or seek to gain, a benefit or advantage for the
employee or for any other person.” (Public Service Act 1999 (Cwlth), s. 13, 10 a).
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3. Arguments for disclosure
An argument for Helen disclosing the information Chen has asked for was presented
by Helen herself during her interview; her strong belief in fairness and equity. If Chen
has been given a “raw deal” and has been compensated in a way that is not
equitable with his colleagues, this would be unfair.
Chen has promised to maintain the confidentiality of the information if Helen where
to release it. He has proposed to use the information only as part of a case for
equitable compensation with his supervisors.
Several APS and ACS standards would support disclosure of this information, or at
least would support the motives behind Chen’s request.
3.1. Equity
Chen has the right to fair remuneration for his efforts. Assuming that Chen performs
the same tasks and has the same performance as his colleagues Chen should be
rewarded equally.
An APS Value is “the APS provides a fair, flexible, safe and rewarding workplace”
(Public Service Act 1999 (Cwlth), s. 13, 1 j). If Chen’s reward for work is not the
same as his colleagues and argument could be made that this would be considered
unfair.
3.2. Quality of Life
A requirement under the ACS Code of Ethics is to “enhance the quality of life of
those affected by your work” (ACS n.d.). Clearly if Chen’s bonus was to increase it
would enhance his quality of life. Conversely, if it was discovered that the bonuses in
Chen’s team where not equal, the decision might be made to decrease all of the
bonuses, which would clearly not improve the quality of life of Chen’s colleagues.
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4. Other Considerations
In making her decision, there are some APS and ACS standards that Helen could
consider that are neither for nor against disclosure.
4.1. Conflict of Interests
The fact that Helen has a personal relationship with Chen implies that there may be
a conflict of interest. On one hand Helen has an interest in her friend receiving the
best salary possible, and on the other hand Helen has an interest in maintaining the
security and privacy of the information she has access too.
Both the ACS Code of Professional Conduct (ACS 2005, A4) and the APS Code of
Conduct (Public Service Act 1999 (Cwlth), s. 13, 7) require disclosure of any conflicts
of interest. If Helen were to disclose this conflict she may be instructed to not involve
herself in professional matters relating to her friend.
4.2. Advice
Helen need not make this decision without seeking advice. While neither the ACS or
APS codes require it, if Helen was unable to make this decision she could certainly
seek out the opinion of her superiors, trusted friends or family, or other mentors.
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5. Recommendations
5.1. Disclose or not
Duska (2007) states that in making a decision on a course of action, one should ask
the following questions:
Is the action good or harmful for me;
Is the action good or harmful for society;
Is the action fair or just;
Does the action violate anyone’s rights; and
Have I made a commitment, implied or explicit?
Duska does not seek to imply that one of these reasons is more important than any
of the others; he states that all should be considered equally.
Applying these questions to Helens dilemma brings the following answers:
Helen does not directly benefit nor suffer regardless;
Society (here being Chen and his team) could either suffer or benefit;
It would be fair for Chen to be equally renumerated;
Releasing the information would violate Chen’s teams right to privacy; and
Helen has made a commitment to upholding the company’s code of ethics.
Therefore, assuming that the company’s code of ethics talks about confidentiality, or
legality if not, Helen should not release the information to Chen directly. Doing so
would be a breach of Chen’s team’s privacy (and would be against the law).
5.2. Alternate course of action
Helen should attempt to have Chen’s concerns resolved, as they may be legitimate
and he is acting reasonably in bringing them to HRs attention. An appropriate course
of action for Helen to take that is within the ethical guidelines might be as follows.
Helen should refuse to disclose the information Chen has asked for, explaining that
to do so would be a violation of the HR departments ethical use guidelines. She
should also ask that Chen not come to her directly with such concerns again, which
would ensure no conflict of interest would arise in the future.
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Helen should encourage Chen to bring the matter to his management’s attention,
whether in person or in writing, and offer to arrange another HR department
employee to provide assistance. In bringing up this matter Chen should ensure not to
act in a potentially unethical manner. He should ensure it is clear that he is not
interested in the personal information of his colleagues; he is just concerned that he
is not being treated in an equitable manner.
Regardless of what Chen decides to do, Helen should make sure to inform her
management of this incident. Full disclosure on Helen’s part would help eliminate
any conflict of interest concerns that may arise.
If Helen was not sure that this course of action was appropriate she could seek out
advice from her superiors or peers in the Human Resources department.
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6. Conclusion
If just for the reason that in doing so Helen would be violating her employer’s code of
conduct, Helen should not disclose the information that Chen has asked for. She
would be supported in this decision by both the ACS and APS codes of conduct,
specifically the clauses talking about Privacy, Legality and Improper Use. As
outlined, Helen has an alternate course of action that would not violate the codes of
conduct.
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References
Australian Computer Society (ACS) n.d., Code of Ethics, Sydney, viewed 9 February
2011, <http://www.acs.org.au/attachments/Code_of_Ethics.pdf>.
Australian Computer Society (ACS) 2005., Code of Professional Conduct and
Professional Practice, Sydney, viewed 9 February 2011,
<http://www.acs.org.au/documents/codes/CodeofProfConductPractice.pdf>.
Public Service Act 1999 (Cwlth), Commonwealth of Australia Law - Commonwealth
Consolidated Acts, viewed 10 February 2011,
<http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999152/>.
Privacy Act 1998 (Cwlth), Commonwealth of Australia Law - Commonwealth
Consolidated Acts, viewed 11 February 2011,
<http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/>.
Duska, Ronald 2007, Contemporary Reflections on Business Ethics, Springer,
Dordrecht, The Netherlands.
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Appendix A. Context Diagram
Leave Report
Application
ApplicationFeedback
Staff MemberNewspaper/
Journal
Government Department
DepartmentsHuman Resources Department
Wage Report Request
Leave Report RequestWage Report
Staff StatisticsReport
AdvertisementRates
AdvertisementRequest
Annual Leave ReportSick Leave ReportL.S.L. Due Report
Wages Y-T-D ReportWages M-T-D Report
Resignation NotificationNew Position NotificationSuitable Applicant Report
Staff Turnover ReportAvg. Length of Service Report
>5yrs Service Report
General Manager
Prospective Employee
Annual Leave SummarySick Leave SummaryL.S.L. Due Summary
Wages Y-T-D Summary
Wages M-T-D SummaryStaff Turnover Summary
Avg. Length of Service Summary>5yrs Service Summary
Figure 1 - Context Diagram
Andrew Cole 10 CIS13 7208383 January 2011
Appendix B. Level Zero Data Flow Diagram
Staff Member
Newspaper/Journal
Government Department
Departments
Wage ReportRequest
LeaveReport
Request
Wage Report
LeaveReport
AdvertisementRates
AdvertisementRequest
Annual Leave Report
Sick Leave Report
L.S.L. Due Report
Wages Y-T-D Report
Wages M-T-D Report
Resignation Notification
New Position Notification
Suitable Applicant Report
Staff Turnover Report
Avg. Length of Service Report
>5yrs Service Report
Leave Database
Salary Database
Generate WagesY-T-D Report
Leave Data
Wage Data
Generate Ad-HocWage Report
Wage Data
Generate Ad-HocLeave Report
Leave Data
Prospective Employee
Application
AdvertisementRates File
Record Rates
Rates Data
Create JobAdvertisement
Rates Data
Position File
Position Details
Evaluate Application
ApplicationFeedback
Position Details
Create NewPosition
Position DetailsMark Position Empty
Position Details
Applicant File
Evaluate Application
Applicant Data
Evaluate Application
Applicant Data
Applicant Data
Generate AnnualLeave Report
Generate SickLeave Report
Generate L.S.L.Due Report
Generate WagesM-T-D Report
Wage Data
Leave Data
Leave Data
Generate StaffTurnover Report
Generate Avg. Lengthof Service Report
Generate >5yrsService Report
Position Details
Position Details
Position Details
Annual Leave Summary
Sick Leave Summary
L.S.L. Due Summary
Wages Y-T-D Summary
Wages M-T-D Summary
Staff Turnover Summary
>5yrs Service Summary
Summarise WagesY-T-D Report
Summarise AnnualLeave Report
Summarise SickLeave Report
Summarise L.S.L.Due Report
Summarise WagesM-T-D Report
Summarise StaffTurnover Report
Summarise Avg. Lengthof Service Report
Summarise >5yrsService Report
Position Details
Position Details
Position Details
Leave Data
Leave Data
Leave Data
General Manager
Salary Database
Wage Data
Wage Data
Generate StaffStatistics Report
Position Details
Staff StatisticsReport
Avg. Length of Service Summary
Figure 2 – Level Zero Data Flow Diagram