Code of conduct is considered as that document of the organization which defines the standards, rules, and regulations for the purpose of guiding the behaviour of the individual in the workplace. This is the document which defines the policies and procedures set by the organization for complied with the ethical and legal frameworks. In other words, this document regulates the relationship between the clients, employees, and users of the service (COPE, n.d..
It must be noted that this document not only define the important policies and procedures framed by the organization but also defined the acceptable and unacceptable behaviour conducted by the individual in the organization. Both organizations and compliance officers of the organization are under obligation to ensure the compliance of the code of conduct framed by them. Ethical values of the organization are reflected through the code of conduct designed by the organization.
This are reflect the ethical and legal norms of the Commonwealth bank of Australia (CBA). In other words, this paper addresses the different areas of the organization in which conflict of interest can arise. Code of conduct of CBA addresses following areas and also frames the guidelines for all these areas. These areas include discrimination, exploitation, corruption, dishonest, fraudulent behaviour, whistle blower Protections, Enforcement.
Discrimination:
Discrimination is defined as the act in which individual or particular group of individual is not treated in equal manner as other employees, and this cause disadvantage to that individual or group of individuals. In this context, Code of conduct of CBA ensures that every individual in the corporation is under duty to promote such environment at the workplace in which individual are treated with dignity, courtesy, and respect. In other words, each individual who is the part of the organization is under duty to not involve in any such behaviour which leads to harassment, bullying, and unlawful discrimination (AHRC, n.d.).
In terms of the discrimination at the workplace harassing includes following behaviour on part of the employees and employers:
1.Employer and employee must not show any substantial aggressive and violent.
2.Employer and employee must not conduct any physical contact with other individual which is not welcomed by that individual.
3.Employer and employee must not conduct any such jokes or remarks which are not acceptable and invited by the individual. In terms of the discrimination at the workplace Bullying includes following behaviour on part of the employees and employers:
4.Employer and employee do not use abusive language in the organization, or any such language which insults another person.
5.Employer and employee cannot spread false information about any person.
6.Employer must not conduct any such behaviour which humiliates another person.
During the year 2017, Mr John Marshall file suit against the CBA in context of the race, age and sex discrimination. Mr. Marshall stated that he was replaced by his junior who holds 13 years less experience from him. As John was redundant by the bank because of the Australian women, and in this context he filed suit against the bank the issue of redundancy (Keay, 2017). Unlawful discrimination is defined as that discrimination in which individual or group of individuals is treated less favourably in terms of the specific elements. There are different types of ways through which individual conduct such type of behaviour. Code of conduct of CBA states that in case individual failed to fulfil his obligations under this section then organization holds the right to take disciplinary action against the person. This disciplinary action includes the employee termination, monetary penalties, etc (Vala, 2018).
For the purpose of taking the disciplinary action, organization needs to arrange the investigation before taking any such action for investigating the facts. Organization also gives chance to the accused to give explanation in that context (Hernandez, 2010).
The most important purpose of this plan is to ensure transparency for the employees and employers of the organization in lieu of the policies, procedures, and standards developed by the organization against the labour exploitation. In other words, it is the obligation of the employer to ensure that all workers of the organization get the clarity in context of protection provided to them by the organization against the labour exploitation. HR head of the CBA and other employees who are involved in the process of recruiting are under obligation to ensure the effective compliance of this plan (Davies, 2018).
Below stated facts are the important features of the exploitation strategy of the CBA:
1.Suitable number of employees and executives of the bank are indulged by the management in context of resolving and handling the issues related to the labour exploitation.
2.HR head of the organization is under obligation to frame the relevant strategies and procedures for resolving this issue.
3.Management of the bank is under obligation to make sure that they are not using any such source for hiring the employees in which workers are also charged for finding the work.
4.Other staff members of the bank are also under obligation in context of the direct hiring of the workers, as they must hold the knowledge related to the exploitation conducted by third parties.
5.Employees of the organization are under obligation to complied with the other standards developed by organization in terms of this issue (Verma, 2014).
Corruption is the term which defines the dishonesty methods conducted by any such individual who holds any authoritative position in the corporation. There are number of activities which define the corruption, and these activities include bribery, misuse of information, misuse of position, etc. Corruption in the organization is defined as the serious issue, and this issue includes number of activities in its ambit through which individual try to gain personal benefit by using the wrong ways.
If employees or any other individual of the organization identify any such issue in the organization, then it is their duty to inform about such issues to the line managers of the organization. After getting knowledge of the issues, it is the duty of the line managers to conduct adequate investigation in this context and take steps to resolve the matter. Procedure needs to be followed by both employees who raise the issue and line manager who resolve it (Hechanova, & Melgar, 2014).
If employee of the organization fails to raise the issue through the procedure set by the organization and this failure cause because of any valid reason or such individual had faith that investigation is not conducted by the line manager, then such individual holds power to speak up. There are number of issues which can be spoken up by the employee:
1.Issue deals with the safety of the other individual.
2.Any suspected fraud in the organization.
3.Any corrupt activity conducted in the organization.
4.Any illegal activity conducted in the organization (Vickers, 2013).
This type of behaviour is defined as the activity conducted by the individual in the organization for getting benefits for themselves and such activity results in fraud to the organization. A dishonest and fraudulent activity conducted in the CBA includes tax evasion, dishonesty, etc. Any activity which falls in the ambit of the dishonest and fraudulent behaviour is not acceptable in the organization (Nonis & Swift, 2010). Strict actions are taken by CBA management against any individual who is involved in the dishonest and fraudulent activities for taking advantage for themselves and third parties by causing harm to the CBA. These activities cause not only cause economic damage to the organization but also cause arm to reputation of the organization (Johnstone, 2016).
In case any employee of the organization involve in any such practice then organization take strict action against such individual and these strict actions includes the termination of employees. Currently, in CBA some employees of the organization conduct some dishonest and fraudulent activities, and this breach the trust of the customers of the bank. As few employees in the bank use bank’s resources and also their own funds for the purpose of starting the youth saver accounts in illegal way (ABC, 2018).
If employees of the bank identify any such practices in the bank, then it is their responsibility to inform about these practices to their line managers and any other person. In case line managers and other persons of the organization is not able to take effective measures to resolve this issue, then such issue must be notified to the top management of the organization.
Whistle blower protection policy is the important strategy which safeguards the employees of the organization who report the unlawful, deceitful, and immoral issues either to the line managers of the organization or to the other authorized persons. It is not possible for the bank to hit back the whistle blowers for blowing the whistle (ASIC, n.d.).
This strategy involves the safeguarding of the individual who blow the whistle against the vengeance. In other words, employer cannot take any adverse action against the whistle blowers such as whistle blower cannot be terminated or treated unfairly just because they blow the whistle against the wrong actions. If any individual who blows the whistle feel that manager treat them in unfair manner then such individual hold the power to raise the issue with the senior executives of the organization. It must be understood by the employee that they does not get any protection against any activity which involve the personal wrong acts.
Recently, Mr. Morris in the CBA blow whistles in context of the corrupt practices held in the organization, and because of this Mr. Morris becomes the whistle blower of the organization. Matter reported by Mr. Morris leads to the parliamentary inquiry and lastly to the royal commission (Barker, 2017).
It must be noted that, this policy gives the protection to the individuals in two separated areas, and these areas are confidentiality and retaliation. Whistle blowers can hide their identities at the time of disclosing the information. Protection provide by this strategy includes:
1.Individual employees can inform this matter to the public authority if such matter includes the public concern.
2.In case any employee take participation in the investigation conducted by the organization or the public body or in any hearing conducted by the Court.
Enforcement: Code of conduct of the organization is considered as the document which ensures the cultural and value base for the bank, and this code impose duty on the senior executives and each member of the organization to take steps which ensure compliance and promotion of this code of conduct. Actions and procedures of the CBA are conducted as per the norms of the organization (Volkov, 2015). Enforcement of this code of conduct is the most important duty of the organization, as this code ensures the ethical as well legal compliance of the organization, and management is also under obligation to promote the code’s importance among the staff members. Below stated procedures help the management in ensuring the development and compliance of this code within the CBA:
3.Senior executives and line managers of the CBA needs to ensure the communication of the code’s importance among the members of the organization.
4.This document needs to be used as the guiding document no only by the staff members but also by the senior executives.
5.In case any employee of executive breach the policies and procedures of the code then strict penalties needs to be imposed.
Conclusion:
This paper clearly states the importance of the code of conduct of the CBA and also provides relevant policies and procedures related different areas in which conflict of interest can arise. It must be noted that this document not only define the important policies and procedures framed by the organization but also defined the acceptable and unacceptable behaviour conducted by the individual in the organization. Both organizations and compliance officers of the organization are under obligation to ensure the compliance of the code of conduct framed by them. Code of conduct of the organization is considered as the document which ensures the cultural and value base for the bank, and this code impose duty on the senior executives and each member of the organization to take steps which ensure compliance and promotion of this code of conduct.
References:
ABC, (2018). Commonwealth Bank admits to manipulation of children’s accounts. Available at: https://www.abc.net.au/news/2018-05-19/commonwealth-bank-staff-manipulated-childrens-accounts/9779010. Accessed on 24th August 2018.
AHRC. Workplace discrimination, harassment and bullying. Available at: https://www.humanrights.gov.au/sites/default/files/GPGB_workplace_discrimination_harassment_bullying_0.pdf. Accessed on 24th August 2018.
ASIC. Guidance for whistle blowers. Available at: https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/guidance-for-whistleblowers/. Accessed on 24th August 2018.
Barker, A. (2017). Banking royal commission: Speaking out against CBA had ‘horrific impact’ on whistle blower. Available at: https://www.abc.net.au/news/2017-11-30/banking-whistleblower-jeff-morris-tells-of-horrific-impact/9212536. Accessed on 24th August 2018.
COPE. Code of Conduct. Available at: https://publicationethics.org/resources/code-conduct. Accessed on 24th August 2018.
Davies, J. (2018). From severe to routine labour exploitation: The case of migrant workers in the UK food industry, Journal of Labour Exploitation, Volume 27.
Hechanova, G. & Melgar, (2014). Organisational Culture and Workplace Corruption in Government Hospitals, Journal of Pacific Rim Psychology Volume 8(2), PP62-70.
Hernandez, T. (2010). Employment Discrimination in the Ethnically Diverse Workplace, 49 Judges’ J. 33. Available at: https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1013&context=faculty_scholarship. Accessed on 24th August 2018.
Johnstone, M. (2016). Academic dishonesty and unethical behaviour in the workplace, Australian nursing & midwifery journal, Volume 23(11).
Keay, L. (2017). Senior British banker, 60, claims race, sex and age discrimination after he was ‘forced out of his job’ and replaced by a younger Australian woman. Available at: https://www.dailymail.co.uk/news/article-4898862/British-banker-sues-Australian-bank-discrimination.html. Accessed on 24 th August 2018.
Nonis, S. & Swift, C. (2010). An Examination of the Relationship Between Academic Dishonesty and Workplace Dishonesty: A Multicampus Investigation, Journal of Education for Business, Volume 77(2).
Vala, J. (2018). Justifying gender discrimination in the workplace: The mediating role of motherhood myths, The mediating role of motherhood myths, Volume 13(7).
Verma, K. (2014). Over Exploitation of Employee: A Major Problem of Working Environment. Available at: https://www.linkedin.com/pulse/20141113152838-138989072-over-exploitation-of-employee-a-major-problem-of-working-environment. Accessed on 24th August 2018.
Vickers, M. (2013). Workplace Bullying as Workplace Corruption. A Higher Education, Creative Nonfiction Case Study.
Volkov, M. (2015). Code of Conduct Enforcement. Available at: https://blog.volkovlaw.com/2015/04/code-of-conduct-enforcement/. Accessed on 24th August 2018.
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