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Values and Ethics & Conflict of Interest
Kim Ann Chute Senior Advisor Conflict Management
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Agenda Part I What are Values and Ethics?
Define and understand ethical dilemmas Review a model to Ethical Decision Making Part II Definition of Harassment? Strategies for prevention
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Exercise
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Values Values are the rules by which we make decisions about right and wrong, should and shouldn't, good and bad. They also tell us which are more or less important, which is useful when we have to trade off meeting one value over another (see Ethical Dilemma). Morals are the greater good vs bad. Morals have a greater social element to values and tend to have a very broad acceptance. Morals are far more about good and bad than other values. We thus judge others more strongly on morals than values. A person can be described as immoral, yet there is no word for them not following values. Dictionary.com defines morals as: n : motivation based on ideas of right and wrong
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Ethics Ethics tend to be codified into a formal system or set of rules which are explicitly adopted by a group of people. Organizational values (see DND/CAF, CFMWS) Possible direction in organization’s Mission Statement If you accuse someone of being unethical, it is equivalent of calling them unprofessional and may well be taken as a significant insult
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Conflict of Interest (COI)
A situation in which one’s private interests could improperly influence the performance of his or her official duties and responsibilities or in which one uses his or her office for personal gain. A real conflict of interest exists at the present time, an apparent conflict of interest could be perceived by a reasonable observer to exist, whether or not it is the case, and a potential conflict of interest could reasonably be foreseen to exist in the future.
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What is an Ethical Dilemma?
An ethical dilemma exist when a decision is required that a course of action requires the choice of one option over the other where no matter what some ethical principle is compromised. Right vs Right
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Typical ‘Ethical Dilemmas’
Client Satisfaction vs Org Policy/Rule Others? Perception (perceiver) Attitude Motives Interests Experience Lack of information Organizational Constraints Intuition (Sleep Test/Wake Up Calls)
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Ethical Decision Making
Gather the facts Define the ethical issue Identify the affected parties Identify the consequences Long-term vs Short-term Symbolic Consequences of secrecy Identify the obligations Consider your character and integrity Think creatively about potential actions Check your gut Sixth Edition, Managing Business Ethics, L. Trevino & K. Nelson
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Case Scenario Lately, there has been a lot of mixed information in the press about Andy’s organization. It frustrates him that the media is ‘obviously not getting all the facts.’ One evening, Andy has enough and tweets about his frustration. Is this an ethical dilemma? What kind? What should Andy have considered before acting?
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Discussion What are the most significant consequences of an organization failing to address ethical breaches? Including impacts on employees.
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Harassment Prevention
Kim Ann Chute Senior Advisor Conflict Management
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Harassment is… ...the improper conduct by an individual, that is directed at and offensive to another individual in the workplace, including at any event or any location related to work, and that the individual knew or ought reasonably to have known would cause offence or harm.
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Examples Yelling at the person; threatening; constantly interrupting that person; prohibiting the person from speaking to others. Unwanted sexual advances which may or may not be accompanied by threats or explicit or implicit promises. Sexual harassment may include offensive jokes and comments. Making rude, degrading or offensive remarks or making gestures that seek to intimidate. Discrediting the person by spreading malicious gossip or rumours, ridiculing him/her, humiliating him/her, calling into question his/her convictions or his/her private life, shouting abuse at him/her. Isolating the person by no longer talking to him or her, denying or ignoring his or her presence, distancing him or her from others. Harassing a person based on a prohibited ground of discrimination as described in the Canadian Human Rights Act.
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Canadian Human Rights Act (CHRA)
Prohibited Grounds of Discrimination listed in the CHRA: Age Religion Sex (gender) Sexual Orientation Marital Status Family Status Race or Colour National or Ethnic Origin Physical or Mental Disability Criminal Offence for which a pardon has been granted All NPF employees also have access to the Canadian Human Rights Act harassment complaint process for harassment based on the prohibited grounds. You guys are probably all familiar with these? Does anyone have any questions about any of them?
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What it isn’t… Normal exercise of management’s right to manage such as the day-to-day management of operations, performance at work or absenteeism, the assignment of tasks, reference checks, and the application of progressive discipline, up to and including termination, constitute the legitimate exercise of management’s authority. Workplace conflict in itself, does not constitute harassment but could turn into harassment if no steps are taken to resolve the conflict. Work related stress in itself does not constitute harassment, but the accumulation of stress factors may increase the risk of harassment. Difficult conditions of employment, professional constraints, and organizational changes. A single or isolated incident such as an inappropriate remark or having an abrupt manner.
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Impact on the workplace
Unresolved harassment causes: a poisoned work environment absenteeism & higher turnover increased mistakes & injuries lost productivity & down time higher operational costs costly litigation, damages & a poor public image The cost of the average harassment investigation is about 25 – 26 thousand dollars. And that is just to contract the external investigator. It doesn’t take into account any of the other financial costs of the lost productivity in the workplace, the increased sick time or the time and stress on the complainant, respondent, witnesses, HMR or supervisor/manager.
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Impact on YOU! Unresolved harassment causes:
low morale & lower self-esteem anxiety & performance issues sadness, irritability & possibly depression seeps into home life… Has anyone of us had a bad day at work that we don’t bring home with us in one way or another. This is the most common thing I hear from clients, that they are upset with themselves for letting the conflict in the office affect their home life. But it is so normal. And you don’t have to be the one in the office who is having the conflict to be affected by it. If it is a small office and 2 people will not speak to each other everyone is going to know about it. Or if there is an office bully and everyone keeps their head down for fear of being the next target, then you are being affected.
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Why people don’t address harassment:
Fear that nothing will be done Fear that they or the complaint won't be taken seriously Fear of reprisals from the perpetrator—especially if it is a supervisor Fear that they will be told they "asked" for it Fear of being blamed or ridiculed Afraid they will be told to "lighten up" Fear of getting a bad reputation Fear of appearing incompetent, or unable to handle difficult situations Fear of being labelled a “troublemaker" Reluctance to get the perpetrator into trouble Feeling alone or isolated, that no one else objects to the behaviour Feeling embarrassed or humiliated by the behaviour
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Exercise How do you prevent harassment from occurring in your workplace? Consider: What is the most likely type of harassment? Who is most at risk? Other considerations? Take your ideas and create a team action plan!
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QUESTIONS Thank you!
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