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Tuesday, May 5, 2020

Implications In Work Practice And Education -Myassignmenthelp.Com

Question: Discuss About The Implications In Work Practice And Education? Answer: Introduction In this chosen case study it can be stated that after the retirement of Emanuel Philander, the managing director of Mnandi, the sub-committee of Human Resource staff at Mnandi decided to place an advertisement in order to replace Emanuel. The Committee had shortlisted three applicants who were worthy and qualified for the position. However, the application of Ghundle Meterr was selected as he possessed the degrees of B.Com (Law) CA(SA) and had the experience of working as the head advisor of an investment advisory company in the Annual Financial statements of the company. There were rumours circulating in the social media about the validity of the certificates produced by him. However, sub-committee of Mnanadi decided to ignore such rumours and hired him. It can be said that after being hired Ghundle faced charges of sexual harassment and it was also discovered later that the signatories of his degrees had been appointed after the after the date of the signatures made by them. However, the chairperson of Gargoyle, the holding company of Mnandi Insurance Company limited seemed to be satisfied and took no further action. It is to be stated that in the chosen case study there are ethical, corporate governance and legal issues involved. Ethical Issues Firstly, it can be noted that it was unethical on the part of the sub-committee to hire Ghundle without inspecting the validity and authenticity of the certificates produced by him prior to hiring him. Further it is to be stated that the act of sexual harassment committed by Ghundle was unethical. According to the theory of Virtue Ethics it can be said that the actions of a person reflect his virtues and moral character (Peters, 2015). It is different from the theories of Utilitarianism and Deontology. Utiltitarianism focuses on the maximum benefit for the most number of people (Westermarck, 2017). The deontology theories focus on the duty and responsibility of individuals (Vaughn, 2015). Thus by applying the principles of the theory of Virtue ethics it can be stated that the act of producing fake certificates and the act of sexually harassing a person were unethical as they reflected poor moral character on his part. Corporate Governance Issues It can be stated according to the stakeholder theory of corporate governance that corporate entities are accountable to a broad number of stakeholders (Du Plessis, Hargovan, Harris, 2018). It is to be stated that the Stake holder theory is defined as any group of individuals who can affect or are affected by the activities of the business and the fulfillment of the objectives of the organization (Bosse Phillips, 2016). This theory states that managers of an organization share relationships with suppliers, employees and business partners. It can be stated that the stakeholder theory focuses on the outcomes of business operations which affect the stakeholders (Hrisch, Freeman, Schaltegger, 2014). Applying the principles of this theory to the chosen case study it can be stated that it was the duty of the sub-committee to inspect the authenticity of the certificates produced by Ghundle. According to the agency theory of corporate governance it can be stated that the shareholders are the main owners of the company and the managers of the company are merely the agents who have been delegated the responsibility to perform the operations of the company on behalf of the shareholders (Bosse Phillips, 2016). Thus according to this theory it can also be stated that it was the duty of the Human Resources sub- committee to inspect the certificates of the applicants and interview them in order to hire one of them as the managing director. They had been delegated this responsibility by the shareholders of the company Mnandi which they failed to perform. Leal Issues The legal issues that can be identified in this chosen case study are forgery and sexual harassment in the workplace. It is to be stated that Forgery, fraud, theft and extortion are all broadly classified under the term corruption. According to chapter 2 of the Combating Corrupt Practices Act 2004 it can be stated that any person who offers or accepts any gratification which amounts to improper and unauthorized inducement to act or not act in a certain way would be considered to be guilty of corruption. To be more specific the common law defines Forgery to be any activity which is involves intentionally and unlawfully producing false document to the actual prejudice of another document. Sexual Harassment in the workplace is prohibited in South Arica by the Labor laws of South Africa. It is to be stated in accordance with The Code of Good Practice on the Handling of Sexual Harassment Cases that any unwanted conduct which is sexual in nature and which violates the rights of the employee and also creates a barrier in the achievement equity n the workplace is defined sexual harassment. It can be stated sexual harassment can include physical conduct, verbal and nonverbal conduct. Sexual Harassment is also prohibited under the Protection from Harassment Act No. 17 of 2011. It is to be stated that people often face the ethical dilemma regarding what should be done when they are presented with the choice of actions, where each action has a different consequence. Ethical decision making can be a difficult task as the person presented with such a challenge has to evaluate and assess the consequences of the decision and also whether such decision is ethically correct. It can be said that there are several frameworks and guidelines available and which aim to resolve ethical dilemmas of individuals. ICAEW framework- According to this framework individuals need to follow the steps as enumerated below for the purpose of resolving ethical dilemmas (Shaub Braun, 2014). Gathering relevant information in order to identify the problem Identify the parties who are affected Consider the ethical issues involved in relation to the ICAEWs Code of Ethics Identifying the fundamental principles which are affected Referring to the internal procedures of the concerned organization Evaluating and Considering alternate courses of action. Implementing the course of action and monitor the progress In relation to the aforementioned framework it can be stated that in this given case study the information received unofficially from the friend of the admin clerk needs to be verified. To solve any ethical dispute or dilemma it is of utmost importance to gather relevant information. In this case the news of the huge profit made by the company and the directors and from which the workers of the company who did not work on-site were deprived needs to verified. It is important to have clarity of the situation in order to remove assumption which could cloud the judgment of an individual. The next step is to identify the affected parties. In this case if the news as mentioned above turns out to be true, the parties affected would be the on-site workers who worked very hard and in adverse situations for a period of one year and were rewarded insufficiently. The workers of the company who did not work on-site would be also affected as they were not given any rewards out of the profits made by the company. Conflicts could arise between the directors and employees as the directors of the company made substantial gains in spite of not working overtime. The ethical issue that can be identified in this case is that the profits made by the company were not disclosed to the employees, the employees did not have transparency about the profits made by the company. The next step is to assess the fundamental principles that were affected. In this case the directors acted in their self interests and did not exhibit integrity. The next step according to this framework is determining the course of action. In this case it can be stated that it would be in the best interest of the workers of company to disclose the information received. However, disclosing this information would result in acting in breach of confidentiality. However, it can be stated that this would be fair as the employees of the company deserve to know about the operations of the company and the profits earned by such operations The final step is to ensure that record of the information is kept as it would be essential in justifying the decision taken by the individual faced with the ethical dilemma. National Association of Social Workers framework- The main factors that need to be taken into consideration for resolving an ethical dispute are: Identifying the people involved and identifying those who are likely to be affected Identifying the proposed action to be taken and considering the legal issues involved Identifying the alternative actions that could be taken Identifying the social values in conflict Identifying who has the right to make the decision (Edwards Addae, 2015). In this chosen case study it can be said that the people who are likely to be affected by the decision taken are the workers who worked on-site, the workers who did not work on-site and the directors who have unscrupulously benefited from the profits made by the company from the deal. In this case the proposed action would be to inform the workers about the information received and reveal the information which the directors of the company had chosen to suppress from the workers. The alternate action in this given scenario would be to not reveal any information to the workers as such information has been received in confidence from a friend who has vouchsafed for revealing it to anyone. The social values of fairness and maintaining transparency in the operations of the business are involved in this scenario. It can be said that in this case study, it is the responsibility of the admin clerk to make the ethical decision as the admin clerk is the only person who has received the relevant information from his friend. References Bosse, D. A., Phillips, R. A. (2016). Agency theory and bounded self-interest.Academy of Management Review,41(2), 276-297. Broad, C. D. (2014).Five types of ethical theory(Vol. 2). Routledge. Du Plessis, J. J., Hargovan, A., Harris, J. (2018).Principles of contemporary corporate governance. Cambridge University Press. Edwards, B., Addae, R. (2015). Ethical decision-making models in resolving ethical dilemmas in rural practice: Implications for social work practice and education.Journal of Social Work Values and Ethics,12(1), 88-92. Hrisch, J., Freeman, R. E., Schaltegger, S. (2014). Applying stakeholder theory in sustainability management: Links, similarities, dissimilarities, and a conceptual framework.Organization Environment,27(4), 328-346. Peters, R. S. (2015).Ethics and Education (Routledge Revivals). Routledge. Shaub, M. K., Braun, R. L. (2014). Call of duty: A framework for auditors ethical decisions. InAccounting for the Public Interest(pp. 3-25). Springer, Dordrecht. Tricker, R. B., Tricker, R. I. (2015).Corporate governance: Principles, policies, and practices. Oxford University Press, USA. Vaughn, L. (2015).Doing ethics: Moral reasoning and contemporary issues. WW Norton Company. Westermarck, E. (2017).Ethical relativity. Routl

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