The implementation of ethical codes
It asks for a sound moral understanding, dedicated leadership
and commitment by all role players.
There can be little doubt that the implementation of an
ethical code constitutes a major part of an organisations ethics programme. A
special effort is therefore required to instil this code and its underlying
values or principles in the members of the organisation. This process,
furthermore, like any other management programme, needs to be properly planned,
organised, directed and controlled. In the third of a series on ethical codes, Col
Riaan Louw discusses the implementation phase of ethical codes.
A sense of right and wrong
By exploiting their ever-increasing claims on the time,
commitment, loyalty, emotional identification and attachment of employees, many
organisations, through management, seek to build this commitment in order to tie
their employees to organisational values and goals by means of sophisticated
mechanisms. By institutionalising and internalising these values and goals,
these organisations aim to strongly encourage employees, when faced with ethical
dilemmas, to follow decision-making paths which are more strongly influenced by
organisational than individual or professional values.
In this way they can ensure the moral identification of the
employees with the organisation, as well as tap into their physical and mental
energies. If the intention, however, is exclusively to regulate and manipulate
conduct, this approach will diminish the underlying ethical aspect of the
process. A more subtle solution, however, may be to enforce the organisations
value system by providing a collective sense of right and wrong against which
specific issues can be systematically assessed, as well as a system which will
motivate employees to consider and interpret corporate issues from an ethical
perspective.
A corporate ethics programme
At this point, it is important to understand that an ethical
code, as a visible expression of ethical conduct, may be implemented in two
ways: the product of the development phase of the code may either be launched
with a bang, framed and hung in a prominent place and then forgotten, or it may
be institutionalised and internalised through a variety of measures and its
provisions reflected in the conduct of those for whom the code is meant. For
obvious reasons, the latter option is proposed as the only option.
A corporate ethics programme will therefore constitute the
basis for the implementation of an ethical code, especially as far as the
training of management and staff with regard to the required tools and thought
processes for the improvement of ethical decision-making are concerned. A
requirement will therefore be that organisations devote more resources to
training programmes to help members of their organisations to clarify their
ethical frameworks and to practise self-discipline when making ethical decisions
in difficult circumstances. It must therefore be ensured that their employees
know how to deal with ethical issues in their everyday work lives.
The result will be that when the ethical climate is clear and
positive, everyone will know what is expected of them when inevitable ethical
dilemmas occur. This should give employees the confidence to be on the lookout
for unethical behaviour and to act with the understanding that what they are
doing is considered correct and will be supported by top management and the
entire organisation.
A sound foundation is required
Written codes and workshops on ethics alone, however, cannot
make an ethical and legal environment. The reason for this is the fact that the
ethical climate and corporate culture of the organisation is an essential
ingredient in law-abiding versus law-breaking behaviour. This corporate culture
may, for instance, imply cultural norms which dictate a code of silence about
unethical or illegal activity, or rationalisations which permit illegal or
unethical behaviour to be considered acceptable.
A code, accordingly, is of no use if a firm foundation for
the understanding and requirement of ethical decision-making does not exist and
if specific misconceptions, such as that personal values and organisational
values are not necessarily the same thing and that there is a difference between
individuals moral lives and business lives, are not properly addressed. If a
code therefore has a sound foundation, the implementation and monitoring phases
of the code should follow naturally.
Emphasis on strong leadership
The all-important role of leadership in the implementing of
ethical codes cannot be over-emphasised. In this regard, strong leadership is
required in the fostering of collaboration among members to accept the code with
its underlying values necessary for institutional effectiveness and integrity,
to employ and utilise effective models of ethical decision-making and to ensure
that training is conducted on an ongoing basis in order to internalise the code.
The code must furthermore be utilised on an ongoing basis in
the decision-making process, to punish violations in order to instruct
employees, to clarify appropriate behaviour and to refine the code. It is thus
imperative to emphasise the importance of a strong leadership commitment in
ensuring the inclusion of structural measures as well as reinforcement
contingencies as an integral part of fostering an adherence to ethical and legal
behaviour patterns.
Living the code
In this regard, the importance of encouraging for instance
internal whistle blowing to correct problems at the early stages rather than
letting them go unattended, must be accommodated within the implementing system
of the ethics programme. A further factor is the cardinal importance of leaders
as role models for socialisation into the corporate group and culture, and their
positive or negative influence through their conduct and verbalisations on all
members of the organisation.
One example in this regard is the example set by management
and other influential persons in the organisation. If so-called
"significant others" contradict the values and content of the codes
through the example they set, it serves to decrease the chances for the
acceptance and implementation of the code. This also applies to the measure of
trust in an organisation. A we-you division between management and the rest of
the employees, for example, will make the acceptance of the code difficult. In
such cases, a secret agenda is often read into the codes, which makes the
acceptance of the code even more difficult. Leaders must therefore commit
themselves to live the code and to serve as role models for subordinates.
A number of determining factors
There are a number of other factors that co-determine the
acceptance and implementation of codes. Examples are the inclusion of the
desired ethos, as defined in shared values, in all education, training and
development programmes; open, reliable and honest communication of the shared
vision of the organisation to all stakeholders, the use of systems and
sub-systems interventions; and the accommodation of the management of
organisational culture in the strategic management process to ensure
organisational behaviour change and to support and reinforce ethical behaviour.
Also important in this regard is the use of workshops at all
levels to internalise and institutionalise the shared values and to inculcate
the desired organisational culture, the formulation of performance measures and
the verification of these performance measures at grassroots level, the
integration of performance measures with recruitment, induction and formal
training, the formulation of the code, and a series of benchmarking measurements
in order to measure the inculcation of the desired organisational culture.
The role of leadership, commitment, a will to make it work,
creativity and innovative ideas within the organisation, will therefore
determine the success of the implementation of the code. If this is not the
case, it is most likely that many of those organisations who have developed
codes, merely documented a list of dos and donts, placed it in strategic
spots and forgot about it. While some organisations indeed went as far as
publishing documents in this regard and displaying it in prominent places, most
seem never to have gone further than the development phase. The result is that
many codes indeed are worthless pieces of paper and public relations exercises
to project an image that does not really exist.
The code must have "teeth"
As far as the issue of exactly who should be involved in the
development and implementation of the code is concerned, it is clear that this
varies from organisation to organisation.A strong argument, however, is that,
given the fact that ethical behaviour is the responsibility of the individual,
and that people, not organisations, are the source of unethical behaviour, it
seems only appropriate that the human resource department should play a key role
in operationalising the code.
In this regard it is suggested that this department assists
in identifying people from various areas of the organisation most suited to
serve in a particular group such as a code formulation or ethics committee or a
judiciary body. Other role players may include the internal legal department,
the ombudsman and internal audit, especially with the aim to ensure that the
code has "teeth".
Committed to the cause
Furthermore, they should distribute the code, hold ethics
training sessions for new employees at orientation seminars as well as for
established employees as part of ongoing training, and distribute representation
letters to employees which may document that employees acknowledge that they are
familiar with, and have abided by the principles pertained in the code.
How a code eventually will be implemented and its contents
institutionalised and internalised, will, however, in all probability differ
from individual to individual and from group to group, depending on the role and
purpose of the code. It is clear that there are many ways and many existing
management tools available for this purpose. It is, however, also clear that a
sound moral understanding, coupled to dedicated leadership and commitment by all
role players, would constitute a major factor in the implementing of a
well-developed code.
* Col Louw, M Phil (Applied Ethics) cum laude, serves as the SSO
Communication Information at the Communication Service of the SANDF.
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