Working Within Ethical Requirements

It is important to think about your own ethics and how they inform your decision-making in your role in employment services. Your own ethics may be similar to those of others in your workplace, or they might be quite different. Careful consideration of ethics will help you think about how to align your own decision-making and actions with the needs of others in your workplace, as well as with the needs of your clients and supervisors.

Human rights lie at the heart of ethical decision making.Human rights are fundamental to the way we interact with other people and the value we see in their ability to survive and thrive in our society.

Australia was a founding member of the United Nations, and was instrumental in developing the Universal Declaration of Human Rights.

Declaration

The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948. The declaration is not legally binding for the countries who have signed it, but it does set out an important set of agreements and understandings about what human rights mean for the world.

The declaration begins by acknowledging that ‘the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world.’

The declaration includes articles which relate to specific areas of human rights, many of which are highly relevant to employment services work. This includes:

Dignity of risk

Many human activities include a degree of inherent risk. Risk can be physical as well as social and emotional.

Workplace activities, particularly those which involve some manual or physical tasks, can be associated with physical risk. These risks need to be managed and controlled through an appropriate system of workplace controls including a risk management assessment and implementation of a hierarchy of controls to remove or reduce the risk. Dignity of risk does not mean that an employee should ever be placed in a situation where they may be injured or put at risk of harm.

Some workplace activities, particularly those which involve challenges, attempts at unfamiliar or difficult tasks, or performing in front of an audience or in a pressure situation, can be associated with another type of risk –social and emotional risk. This type of risk often involves some degree of commitment and risk taking by the employee in order to achieve their own personal goals or to contribute to the goals of the work team or organisation.

Dignity of risk is a concept where employees are able to accept social or emotional risk in order to complete tasks and feel a sense of achievement and pride in their work. There is a need to take on a degree of risk in order to experience success. Dignity of risk is all about helping people to take on the risk in a reasonable and supported way, so that they can build skills and knowledge.

Balance between human needs and human rights

Debate has continued for many decades about the difference between a human need and a human right. On the one hand, needs seem to encompass every aspect of human existence, from sustainable energy through to clean water and food. But on the other hand, many of the things we think of as being something that humans might need for their day to day survival could also be considered a fundamental human right. This is particularly true when we begin to see the world through the eyes of the United Nations Declaration on Human Rights.

Take the issue of employment. Is this a human need or human right? Do we consider that access to any job is good enough to meet human needs, or is it more about having the right to a decent job which has good pay and conditions and allows people to work safely and in a healthy environment?

In fact many of the things that we might initially think of as needs can in fact also be considered rights. It is really a matter of perspective.

Human rights framework

The Universal Declaration of Human Rights is a useful starting point for deriving the ethical conduct, values and behaviours which occur within a workplace. Although employment services exist within both the not for profit and the commercial sectors, there are important similarities if we take a human rights framework as a beginning point. Although commercially operated businesses exist to make a profit for their owners or shareholders, there is also an important human rights standpoint that should be considered. More and more businesses are taking on the concept of corporate social responsibility and realising that there must be more to running a business than simply making money. A human rights framework which overlays the values and direction of a business or organisation helps the business adopt a socially responsible approach to work.

Human rights within workplace systems

It is possible to integrate the concept of universal human rights with all aspects of business operations, strategic direction and workforce planning. A human rights based approach can align with many of the workplace systems which are designed and used, and this approach can also be taken when reviewing and updating policies, protocols and systems of work.

Vision, mission, values

Most larger organisations have a written statement which sets out what is important to the workplace as a whole. This document should apply to all the people who work within the organisation, and to the decisions and actions which occur. You may hear different names for this document, but the intent is the same. In many places it is called a vision, mission and values document.

The information it contains will help guide the planning, strategic direction and day to day actions which occur.

Informed practice

Informed practice means using your professional knowledge and skills to act in an informed and ethical manner. Having ethical behaviour and professional knowledge front of mind in everything you do will help you to use informed practice. You should also devote some time each week or month to professional development activities to help you remain informed about your work sector. This might include reading journals or websites, discussing issues with colleagues, seeking advice from mentors or experienced workers, participating in case conferences or sharing ideas in a team meeting.

There are many sources of information that you can access to help you learn about how ethics apply in your work situation.

Finding sources of information

Many people access content online to help them learn more about ethics and how to respond in an appropriate manner at work. Online content is a great way of staying informed about emerging issues such as the role of social media and fake news in determining public opinion. Online groups and chats can also help you interact with colleagues who work in other locations, or even in other countries. This can help you learn more about the work that is being done around the world in employment services.

Your own workplace will also have sources of information that you can access at work. Useful sources of information about ethical behaviour include your workplace code of conduct, the code of practice for employment services and the complaints management system used in your organisation.

Code of conduct

Your own workplace is likely to have a code of conduct which applies to everyone who works in that setting. The code of conduct may refer to aspects of work such as:

You should make sure you understand the code of conduct for your workplace and check with your supervisor if there is anything you do not understand.

Code of practice

The code of practice sets out details of how to work in a way which is both legal and ethical. You can refer to the appropriate code of practice to guide your thinking and planning in how to behave and interact appropriately in your work activities.

Activity

Complaints management system

A complaints management system is a toolkit for helping to seek out and organise information that can help the workplace continually improve. People make complaints about many different things, and collecting and using this information is a great way of learning about what your workplace is doing well and where it can make improvements.

In the employment services sector, complaints can be an indicator that there are ethical or values issues which are occurring. Complaints can arise from clients, employers and the general public.

Complaints may be received about areas of practice such as:

• Unfair or discriminatory treatment
• Lack of satisfaction with employment outcomes
• Poorly referred or placed job seekers
• Lack of jobseeker attendance or lateness to meetings or trials
• Unprofessional conduct or interactions

Complaints should be taken seriously and information from a complaint used in an effective way. Your complaints management system should allow you to extract the key information from a complaint so that it can be handled effectively in the short term and used as an information tool in the long term.

How to access and interpret relevant sources of information

Your workplace may have a system in place for interpreting information related to ethical issues, such as a regular reporting and summary system for client complaints or employer feedback or requests. This information should be stored securely and used appropriately. Before you access information related to complaints, feedback or ethical issues, make sure you have the right to access the information. Your job role may provide full or restricted access to some information, depending upon your level of responsibility and the requirements of your job.

Your own ethical responsibilities will vary depending upon your job role and where you are working. The best place to look for information about the ethical responsibilities of your own job role is in your code of conduct. This will set out the expectations of your workplace and may provide strategies and guidance about how to respond if you are concerned about an ethical responsibility.

Scope of responsibilities

The scope of your ethical responsibilities refers to the range of tasks, duties and areas of reporting that are involved in your own job. For example, you may need to only take ethical responsibility for your own work decisions and actions, or you may be responsible for the ethical responsibilities of others as well. People who work in leadership positions often need to include the responsibilities of others within their own scope of responsibility.

Nature of responsibilities

The nature of your ethical responsibilities refers to the type of tasks, duties and areas of reporting that are involved in your own job. Within each of the components of your job, there will be a need to conduct yourself ethically and in line with the views, values and strategic direction of your organisation.

Policies and protocols

Policies and protocols in a workplace cover many aspects of the planned and unplanned activities which occur each day. Policies and protocols are written to suit the organisation and to fit with the stated vision, mission and values. Although they may not directly refer to ethical behaviour, they will give you guidance about the best decisions to make in many situations. Policies and protocols do often relate closely to the organisation’s code of conduct and to the employment services code of conduct. You can refer to these documents on your intranet or ask your supervisor for a copy. Policies and protocols are a useful way of finding out how your organisation expects you to behave in a particular situation.

Ethical issues and dilemmas challenge us as professionals. Working with people is rarely straight forward and the options and solutions to issues can require some careful thinking and planning.

What are the ethical issues and dilemmas?

Ethical issues and dilemmas can occur whenever there is a choice about different ways to behave or respond in a situation, where one option may be considered to be more ‘correct’ than the other.

Although legal issues are usually clear cut and easy to understand, ethical issues and dilemmas are often much less clear. Examples include:

• unethical or biased leadership
• personal dislike for clients or employers that affects interactions
• accepting gifts or inducements from clients or employers
• data or information which misrepresents the actual situation
• knowledge of errors of omission (where important details or information have been deliberately left out)
• questionable use of workplace technology
• competing work like balance
• overlap of family and workplace demands
• sharing information or views related to the employer on social media

Ethical frameworks

Many workplaces have developed an ethical framework which helps everyone in the workplace think, act and communicate in a unified and ethically responsible manner. An ethical framework includes:

• The vision, mission and values of the workplace
• Shared purpose and principles
• Agreement on outcomes and objectives
• Aligned priorities

An ethical framework is agreed to and understood by everyone –from senior managers through to front line workers. The ethical framework supports decision making and actions within the workplace. It provides a ‘check mechanism’ against which performance can be measured and evaluated. Ethical frameworks have their basis in human rights and are strongly morals based and informed.

In a workplace, a written ethical framework ensures that people will generally make the same decisions in similar situations. There is uniformity and agreement about how particular issues will be managed and what actions will be taken.

Legal frameworks

Workplaces also operate within the confines of a legislative framework which includes all the federal and state/territory laws which are relevant. Your work must always comply with the law. For example, you should always maintain documents and data in line with the Privacy Act and you should always report safety equipment which is broken to your employer in line with the Work Health and Safety Act of your state or territory.

Similarities and differences between legal and ethical frameworks

In situations where you need to make a decision about an appropriate action or choice in your workplace, you should consider both the legal and the ethical frameworks which apply.

There are similarities between legal and ethical frameworks, in that they both:

• provide guidance about how to behave and the decisions to make
• have a basis in what is seen to be 'right' or 'correct'
• contain a set of written information which specifies what should occur in a given situation
• can act to limit behaviour in some ways
• encourage or motivate people to follow particular actions

The key question to ask yourself when following alegal framework is ‘Am I following the law?’

There are also important differences between legal and ethical frameworks:

• legal frameworks apply in particular jurisdictions or to particular people or places, whereas ethical frameworks apply more broadly
• legal frameworks can be enforced by a court of law, whereas ethical frameworks cannot
• legal frameworks may carry penalties such as fines, community correction orders or jail whereas ethical frameworks do not.

The key question to ask yourself when following an ethical framework is ‘Am I doing the morally right thing in this situation?’

Relationships

The relationship between legal and ethical considerations and frameworks is a complex one. In many situations, the same decision will be reached regardless of whether you are following a legal or ethical perspective. But in some situations, this is not the case. When this occurs, you will need to consider the relationship between the two frameworks to help you make a decision. You may need to seek some advice to help you. Case conferences, team meetings and focus discussion groups are useful ways of helping you to understand the relationship between legal and ethical decision making.

Types of ethical issues

Ethical issues can and do arise in many employment services workplaces. It is important to consider the nature of the ethical issues with which you may be confronted, so you can think about the best way to respond.

Ethical issues can include difficulty maintaining an appropriate client–practitioner boundary, lack of understanding of the work role and its requirements, preferential treatment of employers or clients, and difficulties maintaining an appropriate balance between the duty of care owed to a client and the dignity of risk which will enable and empower that client to continue to develop and succeed.

Client–practitioner boundaries

As a professional practitioner working in employment services, it is vital that you maintain boundaries that are reasonable and appropriate. Whenever we work with people in a service and support role, there is a risk that the boundary between a working relationship and a friendship or intimate relationship may become blurred. Your work with clients inevitably involves face to face, phone and online communication and it is important to build positive, trusting relationships. People who are seeking employment services are often particularly vulnerable and in need of support, and the development of relationships is an important tool in providing this support.

However, there are ethical issues which arise if the boundaries become blurred. Clients can become dependent upon the relationship and may rely on its continuance beyond the period where they are being supported into a job. Your own decision making is likely to be compromised and you may not make decisions that are in the best interests of your client or a future employer.

Indicators that the client–practitioner boundary may present ethical challenges include:

• Sharing or disclosing personal information beyond that which is needed for the development of a trusting relationship
• Establishment of dual relationships such as being a partner, friend or personal acquaintance as well as holding a professional relationship
• Visits to homes or social events
• Contact via social media outside of professional contact
• Changes to style of language and communication towards that expected of a friend, family member or partner

Work role understanding

It can be tempting to take on more challenges and responsibilities at work, even when this has not been included in your job description. On the one hand, using initiative and stepping up to a challenge can be seen as a good thing; many employers favour people who are able to rise in a difficult situation and show leadership. But on the other hand, taking responsibility for something which is outside the bounds of your job description can be problematic.

Sometimes people can choose to take on tasks, responsibilities and decisions which are best left to those who hold different positions in the workplace. Stepping outside the limits of your job role can leave you vulnerable to ethical issues and problems if you are faced with situations that are beyond the limits of your skills and knowledge to manage effectively.

Preferential treatment

Working in employment services can involve making decisions and taking actions that can have great benefit for a job seeker or a potential employer. Ethical issues can arise if you give preferential treatment to one person over another, or when this is perceived to be the case. Using your knowledge to give advantage or preference to a client or employer can place you in an ethically difficult position. Sometimes even the perception that you have acted in a way which preferences one person over another is enough to mean that you are ethically compromised –even if you haven’t actually shown preference.

Duty of care versus dignity of risk

There are likely to be situations where you owe a duty of care to a person during the course of your work activities. A duty of care means you have a degree of responsibility to take reasonable care to ensure the safety and wellbeing of another person. This duty changes depending upon the situation and the nature of the person –generally it is understood that you will owe a higher duty of care to a person who is younger, less capable or experienced, has a disability or health condition or is otherwise less able to take responsibility for themselves in the situation.

Duty of care is balanced by the concept of the dignity of risk, where people can and should be offered the freedom to make decisions and accept the potential for limited risk which goes along with that decision. The difficult balance between the duty of care you owe to a client or employer and the right to take risks and allow the potential for failure can lead to some challenging ethical issues.

It is important to remember that ‘risk’ in this situation means the risk associated with taking a chance or allowing a new or different experience, rather than a physical risk where the person could be in danger.

Ethical business behaviour

Your work may include dealing with employers or other agencies as part of the business activities of your organisation. Business interactions and performance should be conducted in an ethical way, in line with the values and direction of the organisation. Many workplaces will have a code of conduct which applies to the business as a whole, and covers aspects such as competition, compliance, sustainability, financial accountability and integrity and corporate governance.

Interacting with people

Employment services work involves frequent interaction with people. Sometimes you will find that you warm instantly to a person and can quickly develop a good rapport with them. Other times you might struggle to find anything that helps you build a positive relationship. Interacting with people can become stressful, particularly if you are struggling with your own work life balance or if there are excessive demands placed on you at work. Interacting with people can cause problems such as misunderstandings, aggressive or arrogant behaviour, poor communication, errors in organisation and planning or inappropriate referrals for jobs.

Practical strategies to resolve ethical problems

There are several strategies that can help you resolve ethical problems. Planned, considered actions and responses are useful in the short term, and self reflection and discussion about alternatives are useful in the longer term.

Discuss with an appropriate person

If you feel you are facing an ethical challenge in your work, it is time to take action. Make some notes about the situation, think about your options and then reach out for some support and guidance. You could approach:

Make an appointment to talk with the person you think can offer you the best guidance and support. Write a list of questions or a summary of the problem to help you when you meet with the person. In some situations, you may need to seek specific direction about what you should do, while in other situations you might simply be able to discuss the ethical challenge and then reach your own decision.

Use Schon’s reflection model

Schon sees reflection as a two stage process –reflection in action and reflection on action. Reflection in action guides action at the time it is occurring, while changes can still influence the outcome.

Reflection on action is the process of considering the actions which have occurred, once the event has concluded.

Reflection in action (at time event is happening)

• the experience itself
• deciding how to act at the time
• thinking about it during the event
• acting immediately

Reflection on action (after the event)

• reflecting on something that has happened
• thinking about what you might do differently if it happened again
• new information gained and/or theoretical perspectives form study that inform the reflector's experience are used to process feelings and actions

Watch

Watch the following video that walks you through Schon's Reflective Cycle

Keep a double entry journal

A double entry journal is a useful tool for allowing you to consider alternative actions that could lead to different outcomes, particularly in relation to a difficult or challenging situation. A double entry journal has two sides –one for what actually happened and one for exploring alternatives.

A double entry journal could look something like this:

It is important to remember that a double entry journal only involves your own perspective on a situation –there is no other opinion or point of view which is included. Therefore a double entry journal has the potential benefit of allowing you to reflect on alternatives but also the limitation of not including multiple points of view.

When you are working in employment services, you must remember to avoid making judgements about people and situations. You are not employed to pass judgement on clients or employers, or to show preference for one person over another simply because you believe they are more deserving or needing of support.

You should do your best to think and act in an impartial way, where you do not allow your views and values to influence how you behave or respond.

Recognise own values and attitudes

Our own values and attitudes play a large part in the way we respond in various situations. It is useful to think about your own values and attitudes and the effect they can have on your work. Views and values are largely determined by our previous experiences, family, religious background, cultural background and the people we know. Values and attitudes grow and change over time; as we get older we often find that we hold quite different ideas than we did when we were young.

Prompts:

• People who are refugees should not be able to live and work in Australia
• Homeless people experience multiple barriers to employment
• Most people who are unemployed at age 55 will stay that way until they reach retirement age
• Young people who do not achieve a Year 12 pass are not very likely to get a job
• It is an advantage to go to a religious school because religious groups of people will always look after their own and make sure they get a job

Consider values and attitudes when making decisions

Working in employment services does not mean you shouldn’t hold particular values and attitudes –it simply means you need to be aware of them. When you are making a decision about a course of action at work, take a moment to think about whether your own attitudes and values are having an effect. Ask yourself some questions to help you evaluate whether you are making the best decision in the situation and if your choices are ethical and valid.

Sometimes your own set of values will not be the same as those held by other people in your workplace or they may not align with the vision, mission and values statement of your organisation. If this occurs, you will need to think carefully about the issues and situation, use some problem solving strategies and decide how to respond appropriately.

What are competing values?

Competing values often suggest there are different things which are important to you compared to your workplace or other people within your workplace. Competing values examples include:

• A difference in the importance which is placed on finding and keeping a job
• The right to receive ongoing and continued support in a new position versus the need to develop independence
• The balance between duty of care and the dignity associated with taking reasonable risks
• The importance of people with disability being seen as capable and confident workers
• Priority given to particular groups of people in access to employment
• Issues related to payments, bonuses and access to career advancement
• Issues related to flexible employment arrangements

Competing values can cause friction and disagreement in a workplace, both between colleagues and between a worker and the organisation. Think carefully about your own values and how well these align with those of your workplace and the people who work within it.

Use problem solving and communication techniques

Problem solving and communication skills are the most critical employability skills that will assist in resolving competing values issues.

In some workplaces, planned and structured team discussion time is set aside to provide support for difficult decisions and to make sure that there is general agreement on the correct way to solve an issue. Team meetings, quality circles and case conferences are all examples of these.

Sometimes you might decide to write down the issues and options to help you make a good decision if there are competing values. This will help you identify the pros and cons of each option, and you can then talk to other people in your work team to help you decide on the best choice.

Unethical conduct means behaving in a way which breaches either your own moral code about what is right and wrong, or which is at odds with the ethical framework of your organisation.

Indicators to help you recognise unethical conduct

There are many indicators to help you recognise unethical conduct in your own work duties, and in the duties of others. You should consider ethical behaviour as a regular part of your work. Indicators to help you recognise unethical conduct include:

• receiving a complaint from a client or colleague about the conduct
• feeling uncomfortable or confused about a decision
• delaying or procrastinating about a decision
• knowing there are two or more possible options that can be taken
• comparing the situation against the stated ethical framework of your organisation and identifying unethical conduct
• observing a situation and identifying the conduct
• observing the response of a client or employer to something which has occurred
• reading comments or posts on social media related to your organisation
• responding to unexpected questions or enquiries from employers
• noticing discrepencies in sets of data or records
• noticing changes to records which do not make sense or seem unusual

Reporting unethical conduct

Although you might hope that everyone who works in an employment services role does so in a way which is ethical and in agreement with the relevant code of conduct, this is not always the case. Sometimes people may act in a way which:

• Does not have the views and values of the workplace in mind
• Shows disregard for the needs, considerations and characteristics of the client
• Is misleading or untruthful
• Does not reflect and represent the workplace in a positive and proper manner

Unethical conduct can be minor, or may be very significant. Sometimes conduct of an employee may be illegal as well as unethical, while it other situations the behaviour may be legal but not ethical.

There may be some overlap between illegal and unethical conduct.

Choosing the appropriate person

In many cases, the most appropriate person to report to is your immediate supervisor. There may also be a person who works in your organisation who has responsibility for managing ethical and legal accountability and employee conduct.

You can check your position description or organisational chart to help you find the name and contact details of your supervisor or other people to whom you can make a report.

Depending on the situation, you may also be able to or be obliged to make a report to an agency head or to an authorised officer.

Making a report

Criminal or suspected illegal activities should always be reported to the appropriate law enforcement agency.

Reports about ethical misconduct can be made in several ways, according to the situation and the requirements of the workplace.

If you are unsure about whether or how to make a report about unethical behaviour or misconduct, you can contact the EthicsAdvisory Committee. This committee provides support and guidance about how to manage and respond to ethical issues, and how and what to report.

Reports made in some situations may be subject to the Public Interest Disclosure Act (2013). This act is designed to provide legislative protection for people who make a report about misconduct.

Conflicts of interest can and do arise in employment services work, and they are situations which need to be handled promptly and with careful thinking and planning.

What is it?

A conflict of interest occurs when there are two competing sets of interest which intersect in a single situation or event. Many workplaces have specific arrangements in place to prevent conflicts of interest affecting outcomes. These arrangements include:

• clearly specifying conflict of interest arrangements in position descriptions or employment agreements
• requiring employees to declare potential or actual conflicts of interest
• including conflict of interest requirements in policies and protocols

Conflict of interest requirements may also be a part of codes of conduct and the funding arrangements and contract which exist between government or other funding bodies and the workplace.

A conflict of interest may provide you with a real or potential direct or indirect benefit that is associated with your position in employment services. Often conflicts of interest provide someone with a financial or business advantage or the potential for new or greater work benefits, or with the ability to seek or profit from business opportunities which are not available to others.

Difference between potential and actual conflict of interest

There is a clear difference between a potential and an actual conflict of interest, although it is likely that you will be required to declare both to your employer.

An actual conflict of interest occurs when there is a conflict between the work duties of an employee and their own personal or business interests which exist outside the workplace.

A potential conflict of interest occurs when there is the possibility of a conflict occurring, but that potential has not been realised.

Examples of actual and potential conflicts of interest include:

• Owning or having involvement with a business that could benefit from your decision making
• Knowing or being related to employers or job seekers
• Standing to profit from decisions you make at work

How to respond

You should read your employment contract, workplace code of conduct and workplace policies and procedures to help you decide how to respond in a situation of real or potential conflict of interest. In many situations you will need to declare the conflict so that your employer can decide what action to take. They may need to provide other work duties for you to do so that you are not directly involved in a situation where there is a conflict, or you may need to provide evidence or reports that clearly show that you are not acting in a way which is improper or which breaches your duties as an employee.

You should seek further advice from your supervisor about any situations that you think may cause a conflict of interest.

In summary, ethics serves as a catalyst for change and questioning the established norms and practices. While one option is to conform to existing policies and procedures, the other approach involves challenging oneself to think differently and examine the underlying beliefs that influence our actions.

This topic explored various aspects of ethics, including ethical behaviour, human rights, sources of information regarding ethics, and ethical issues and appropriate responses. This topic develops a comprehensive understanding of ethics and provides insights into how ethical considerations shape decision-making and actions.

This knowledge will equip individuals to navigate complex ethical dilemmas and make informed choices that align with their values and principles.