Lesson 3: The Employed Member Flashcards
Does the legal form of the relationship between the member and the employer have any bearing on the member’s responsibility to comply with the fundamental principles?
No. The member must not compromise the fundamental principles during their employment with their employer.
Does the member owe a duty of loyalty to their employer?
Yes. Provided that the employer has acted in an ethical and legal way.
List what a member cannot be expected to do.
Break the law
Breach the technical/professional standards of their professional body
Support/facilitate management strategies for unethical/illegal earnings
Lie to/intentionally mislead others
Be associated with any report that misrepresents the facts
List three possible safeguards against potential conflicts.
Obtaining advice from employer, independent professional or professional body
Formal dispute process within employing organisation
Legal advice
Can a member inform a future employer why they left their previous job, even if the previous employer was acting unethically?
No. This is a breach of confidentiality and is unethical.
What is the Public Disclosure Act 1998?
AKA the Whistleblowers Charter.
A whistleblower is a person who informs on someone engaged in an illicit activity in the public interest.
In theory, the Act protects the employee who wishes to remain employed.
What five factors must be considered before making a report?
Has a criminal offence occurred?
Has there been a breach of legal obligation?
Has there been a miscarriage of justice?
Has there been a breach of public safety legislation?
Has there been environmental damage?
What four things must the whistleblower demonstrate in their report?
The disclosure is made in good faith
Reasonable assumption that it is true
The employee will be victimised
The evidence will be concealed or destroyed without disclosure
Can a member carry out work with insufficient experience?
Yes, but only if they have access to resources and a senior member of staff to mentor them.
If this is not available, then the member should inform their manager that they cannot carry out the work due to insufficient experience.
Name four factors that threaten a member’s ability to perform their duties.
Time constraints
Inadequate information
Insufficient experience, training and/or education
Inadequate resources
What is an inducement?
An inducement is a gift, hospitality, preferential treatment or inappropriate appeals to friendship or loyalty.
What two ethical principles are threatened if an inducement appears to be a bribe?
Objectivity and confidentiality
What could happen if a member accepts an inducement?
Intimidation
