A whistleblower, or
a person who voices concerns, evokes anxiety in the West as well. Very few
managers in either private or public sector companies would be pleased to have a whistleblower.
However, requirements of the modern economy differ very much from the recent semi-criminal past and
demand that all employees be honest towards company matters and themselves. Employees are expected
to inform management of all problems, errors or mismanagement in a timely manner, as concealing such
issues could cause substantial material and moral losses.
Grievances can be of two types. An internal signal calls for internal investigation. External signals are
used once all the hopes for a just and objective consideration within the company have been exhausted,
and a complainant has no choice other than knocking at the doors of influential mass media.
On August 10, 1978 three teenage girls died in Indiana, when their Pinto Ford car was struck from
behind and the fuel tank ruptured and exploded. They were the latest in the long list of people (180) to be
burned alive, because due to a hasty release, the Pinto model was not tested for a strike from behind.
Company research revealed that, had the company installed a special shield between bumper and fuel
tank (worth between $6.65 and $11), the safety standard of the Pinto model would be comparable with
other cars of its class. However, between 1971 and 1978 the company did not upgrade the model, as
Ford’s cost- benefit analysis revealed that it was 3 times cheaper to settle cases in courts than to upgrade
the model. In addition, the company did not inform its customers that this model was less safe than other
similar models. The period of 1976-1977 saw 13 explosions as a result of a strike from behind, which
exceeds accident rate for other similar cars by a point of two. However, eventually, settlements of claims
raised against Ford reached $20,9 million, which was much more than expenses for upgrading the model.
In addition to court penalties, Ford was forced to recall 1.5 million cars built between 1970-76, not to
mention the impact of declining sales. Former administrator and designer Harley Kopp publicly criticized
the model from the very beginning. He quit the company and went public, which saved many human
lives. Can he be qualified as whistleblower?
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Ethical communication can be structured in a number of ways, depending on company’s preferences:
from a special ethics service to a hotline. Regardless of how a corporate ethics structure is organized, the
following principles are strongly recommended to be observed:
•
Some companies accept anonymous complaints, however, the company should
politely explain to its
employees that disclosure of their identity would certainly facilitate consideration of an application. In
addition, guarantees of confidentiality of information shall be provided.
•
An employee should be convinced that his or her application will be reviewed with all due respect and
diligence. In any case, an applicant should be informed of the course and results of the subsequent
investigation.
•
Investigations should ensure that rights of both the claimant and defendant are protected.
Filing ethical complaints
Employees, filing grievances and complaints, shall be guaranteed that they are safe from possible
retaliation. To convince employees of their immunity, companies publish booklets, reference books and
other materials with names, addresses, and telephone and fax numbers, e-mail accounts of a corporate
ombudsman or ethics officer and make these materials available to personnel. Employees have to be
confident that every whistleblower, who has applied to a relevant department to file a grievance or signal
evidence of fraud, corruption, abuse of finances, sexual harassment, persecution of subordinates and other
violations, will be safe from reprisal by the accused.
It goes without saying that a complaint should not be based on idle rumors. When filing a complaint, an
employee should provide exhaustive answers to a set of following questions: who, how, when and, if
possible, why, as cases based on rumors or not substantiated with facts can damage reputation of innocent
people.
45
R. T. George, Business Ethics, vol.1, St-Petersburg, 2001, Progress Group Publishing House, pp. 405-407
Ethics infrastructure: who is a corporate ombudsman?
An ombudsman is a human rights defender. In Azerbaijan, the Law on Ombudsman was adopted by the
Parliament in December 2001. Every employee of a company in need of help in regard to business ethics
problems may apply to a corporate ombudsman and receive consultation, with confidentiality of his or her
application guaranteed. If necessary, the ombudsman makes recommendations to company management
to take certain measures. For example, at United Technologies, the ombudsman informs relevant parties
of emerging problems and monitors the process of application review. Employees normally maintain
telephone contact with the ombudsman. However, other types of communication (post, fax, e-mail) are
also available. As a rule, the ombudsman is an outside consultant.
On the other hand, an ethics officer could be employed by a company and have a special ethics
department at his or her disposal. If the ombudsman’s duty is to receive and
pass on an alarm signal, the
ethics officer is directly involved in the investigation. Some companies might have both structures in
place. Small firms normally delegate ethics officer’s functions to human resources managers and
ombudsman’s services are provided by an outside consultant.
The World Bank has designed a Conflict Resolution System (CRS), a special program to settle ethical
issues, which involves five independent departments:
•
Office of Ombudsman;
•
Office of Mediation;
•
Office of Ethics and Business Conduct;
•
Affairs Committee;
•
Administrative Tribunal.
Moreover, the management of the Bank, being interested in swift and efficient settlement of any conflicts,
offers a broad spectrum of assistance
from other departments, such as:
•
managers;
•
human resources department;
•
counselors on harassment problems;
•
internal audit department
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.
We believe that Azerbaijani companies should design and adapt their own codes of conduct. Global
experience shows that the very existence of such a document, combined with demonstrated management
commitment to principles of business ethics, can prevent many ethical violations.
SELF ASSESSMENT QUESTIONS TO CHAPTER VI. MECHANISMS OF
IMPLEMENTATION OF PRINCIPLES OF BUSINESS ETHICS
The questions below are designed to assess your understanding of the material.
Corporate ethical documentation
♦
What is a code of ethics?
♦
Do Azerbaijani businesses need codes of ethics? Please, substantiate your opinion.
♦
Why codes, first of all, state company values and goals?
♦
What are the stages of code preparation?
♦
Shall
codes of Azerbaijani companies, on the whole, follow main provisions of international
companies or shall each company set its own ethics standards?
Ethical communication and grievances filing. Whistleblower.
♦
Who is a “whistleblower”?
♦
Will our companies be able to create conditions, where whistleblowers are safe from persecution?
What shall be done to ensure their safety?
♦
What is the difference between a corporate ombudsman and an ethics officer?
46
THE WORLD BANK GROUP, Living Our Values, World Bank Publication