Ethics in the Workplace Tuesday 8 May 2012 We would like to - - PowerPoint PPT Presentation

ethics in the workplace
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Ethics in the Workplace Tuesday 8 May 2012 We would like to - - PowerPoint PPT Presentation

Ethics in the Workplace Tuesday 8 May 2012 We would like to acknowledge this land that we meet on today is the traditional land of the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the


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Ethics in the Workplace

Tuesday 8 May 2012

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We would like to acknowledge this land that we meet on today is the traditional land of the Kaurna people and that we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians

  • f the Adelaide region and that their cultural and

heritage beliefs are still as important to the living Kaurna people today.

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Ethics in the Workplace

Master of Warren McCann Ceremonies Commissioner of Public Sector Employment, Department of Premier and Cabinet Introduction The Hon Minister Wortley MLC, Minister for Industrial Relations, Minister for State/Local Government Relations Speakers & Panellists Elbert Brooks Executive Director for Public Sector Workforce Division, Department of Premier and Cabinet Chris Oerman Executive Director for Corporate Services, Department of Planning, Transport and Infrastructure Craig Stevens Managing Solicitor (Industrial and Employment Group), Crown Solicitor’s Office SA Kate Stephens Director Workforce Relations and Strategy, Shared Services SA Peter Christopher (Panel Member Only) Chief industrial Officer, Public Sector Association

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Ethics in the Workplace forum follows on from the highly successful IPAA events of 2010/11 on the then relatively new Code of Ethics and its effects on the public sector. We will be exploring what the Code means on a day-to-day basis with a particular focus on legal issues that arise when employees misinterpret or do not adhere to the values within the Code

  • f Ethics.
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Hon Minster Russell Wortley MLC, Minister for Industrial Relations Minister for State/Local Government Relations

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Elbert Brooks Executive Director for Public Sector Workforce Division, Department of Premier and Cabinet

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IPAA – Ethics in the Workplace

E is for

Ethics

in the Public Sector

presented by Elbert (with an E)

(Note: author is responsible for content)

08/05/2012 IPAA – Ethics in the Workplace 7

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ethics in the public sector

What do we mean when we talk of ethics?

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ethics in the public sector

Why do we need to talk about ethics?

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ethics in the public sector

To expect ethics

  • ne must do ethics

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ethics in the public sector

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ethics in the public sector

Public Sector Act 2009 5—Public sector principles (6) Ethical behaviour and professional integrity Public sector employees are to—

  • be honest;
  • promptly report and deal with improper conduct;
  • avoid conflicts of interest, nepotism and patronage;
  • treat the public and public sector employees with respect and courtesy;
  • make decisions and provide advice fairly and without bias, caprice,

favouritism or self-interest;

  • deal with agency information in accordance with law and agency

requirements;

  • avoid conduct that will reflect adversely on the public sector;
  • accept responsibility for decisions and actions;
  • submit to appropriate scrutiny.

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ethics in the public sector

Three R’s of ethical behaviour:

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Remember Remember Remember

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ethics in the public sector

Remember for whom we work:

Service to the public

Remember that what we do matters:

Service for the public

Remember others see what we do:

Service in public

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ethics in the public sector

Workplace ethics matters Ethical behaviour matters Ethics in the public sector matters

… it’s really up to every one of us

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Chris Oerman Executive Director of Corporate Services, Department of Planning, Transport & Infrastructure

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“I didn’t know” Ethics a Departmental perspective

Chris Oerman Executive Director

Department of Planning Transport and Infrastructure

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Who has received one of these?

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“Its only a coffee” “It is not worth much” “Everyone does it”

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Or this?

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“I talk business” “It is about building a good relationship” “I don’t want to offend by saying no”

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How many do you buy?

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We want to think that we are doing the right thing when we are often doing no such thing

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18/06/2020

Sure, its simple, I can change that!

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When asked to account for your actions you must be able to demonstrate transparency

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Scenario

  • Received ‘funny’ email
  • Forwarded it on to colleagues in the

Department

  • Sometime later received by Non Government
  • rganisation (NGO)
  • NGO does not see the ‘funny’ side of the

email and complain to the Chief Executive

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Quiz

A – ‘Get a life’ its funny B – Its ‘them’ that sent it to NGO not me C – You don’t really mean I am subject to disciplinary enquiry

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answer

A – Get a life its funny B – Its ‘them’ that sent it to NGO not me C – You don’t really mean I am subject to disciplinary enquiry

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So if at work you come across something not in the public domain, do not discuss it

Maxwell - $10,000 for saying that he was starting forward

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Application of judgement

  • Decision-makers must use discretionary powers in good faith and for a

proper, intended and authorised purpose. Decision-makers must not act

  • utside of their powers.
  • It is not sufficient to exercise discretion and approve an application simply

because it seems the right thing to do.

  • When exercising discretion, decision-makers need to act reasonably and
  • impartially. They must not handle matters in which they have an actual or

reasonably perceived conflict of interest.

  • It is important to apply the values that the legislation promotes,

professional values and the values of your Department, not personal values.

Ombudsman Western Australia: Guidelines, Exercise of discretion in administrative decision-making
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My approach to ethics training

  • Make it real

– Stories are powerful – Use examples without identifying individuals

  • Impact decision making

– Day to day judgement is what is important – Ethics is not a philosophical discussion

  • Encourage discussion

– Often not black or white

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Morning Tea

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Craig Stevens Managing Solicitor Advising Section Crown Solicitor’s Office

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Craig Stevens Managing Solicitor Advising Section Crown Solicitor’s Office

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Two Topics

  • 1. ‘Cartidgegate’
  • 2. Out of hours conduct as misconduct
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‘Cartidgegate’

  • tactics employed by the relevant companies;
  • personal greed and self-interest?;
  • issues peculiar to or more prominent in regional

workplaces;

  • lack of proper (or any) scrutiny of invoices by persons

approving them for payment; and

  • apparently inadequate audit processes.

How did it occur?; Why wasn’t it detected and acted upon earlier?

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Out of Hours Conduct

  • The necessary connection with work.
  • Public Sector Act 2009 - definition of misconduct.
  • Code of Ethics for the South Australian Public Sector:

Public sector employees will not at any time act in a manner that a reasonable person would view as bringing them, the agency in which they work, the public sector or Government into disrepute;

  • r that is otherwise improper or disgraceful.
  • McMannus v Scott-Charlton [1996] FCA 904;

Federal Commissioner of Taxation v Day (2008) 236 CLR 163; Rose v Telstra Corporation (1996) 140 ALR 624; Kolodjsdhnij v Lion Nathan t/a Boag & Son Pty Ltd [2009] AIRC 893.

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Kate Stephens Director Workforce Relations and strategy, Shared Services SA

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Shared Services SA

Tuesday 8 May 2012

Ethics in the Workplace

Presented by:

Kate Stephens, Director, Workforce Relations and Strategy

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Shared Services SA

  • It’s much more than just not doing the wrong thing.
  • Ethics is based on Values and is strongly focused on

honesty, fairness and taking responsibility.

  • It also means recognising why we are here…

The first duty of the public sector is to loyally serve the Government in a politically impartial and responsive way through the efficient delivery of services to citizens and through the formulation, implementation and administration of its policies and programs.

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What does it mean to be ethical?

Code of Ethics

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Shared Services SA

Ethics in the Workplace through Values

  • Being ethical involves making choices
  • We can help people make the right choices by

educating them and reinforcing ethical behaviour through a range of avenues

  • Organisational Values play an important role in

setting behavioural expectations and standards

  • The Values help support the Code of Ethics
  • Shared Services SA’s organisational values are…

Honesty, Respect, Trust, Boldness and Team Spirit

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Shared Services SA

Ethics in the Workplace through Values

  • Each Value is defined, along with underpinning

behaviours

  • The Values also form part of our Performance

Management Process (PMP)

  • Participation in our PMP is mandatory and there is a

formal assessment undertaken annually

  • This includes forming a view as whether each

employee is aligned to our organisational Values

  • Discussions about Values are therefore an integral

part of each employee’s performance 44

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Shared Services SA

Our Values

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Shared Services SA

We will be honest with each other, keep our word and honour the commitments we have made. We will…

– Be honest with ourselves and each other – Take ownership and responsibility for our actions – Always act with integrity and be open to scrutiny – Encourage and provide, genuine constructive feedback – Be sincere and truthful – Acknowledge our mistakes and learn from them

Honesty is at the heart of ethical behaviour

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Excerpt from Shared Services SA Values Statement

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Shared Services SA

Honesty is at the heart of ethical behaviour

  • Honesty is about telling the truth and being open,

transparent and accountable

  • Section 26 of the Public Sector (Honesty and

Accountability) Act states that a public sector employee must at all times act honestly in the performance of his

  • r her duties
  • This includes admitting to making a mistake or not

doing something as quickly or as well as we should

  • A common criticism of the public sector is that people

are not always willing to take responsibility for

  • utcomes

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Shared Services SA

Ethics in the Workplace

  • Why avoidance can happen
  • It prevents the real problems from being identified

and addressed

  • Honesty and disclosure are an effective way of

improving quality and performance

  • A more constructive approach is to discover what

has actually gone wrong and how to fix the problem

  • Focus on personal responsibility
  • Good leadership is essential

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Shared Services SA

Ethics in the Workplace

  • Being honest and accountable also means finding
  • ut the truth
  • Ask questions and don’t rely on assumptions, they

are often wrong

  • Being honest and accountable also means reporting

wrongdoing - this is required of the Code of Ethics

  • Some people have an inbuilt resistance to doing this
  • Obligations under the Code are real and serious
  • The truth will always exist in its own right
  • How easily will it be found out?

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Panel Discussion & Q&A

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Ethics in the Workplace

Tuesday 8 May 2012