HRM Frameworks 2H: Ethical HRM: Questions and Case Studies Ethical HRM: Questions and Case Studies What Challenges Might HRM Professionals Be Faced With? There are a number of acknowledged practical and ethical challenges faced by human resources management (HRM) professionals in African States, the primary of which is corruption which comes in a number of different forms. Corruption poses a serious development challenge and results in the inefficient provision of services. It also erodes the institutional capacity of government as procedures are disregarded, resources are siphoned off, and public offices are bought and sold. Public servants are expected to adhere at all times to the rules of ethical conduct, but this can present very real dilemmas. There is often only one correct way to deal with unethical behaviour. This document provides some case studies for HRM professionals to use as a starting point to facilitate more detailed discussions about how to handle corruption in the real world. 1 2H Ethical HRM: Questions and Case Studies Contents Ethics and HRM .......................................................................................................................... 3 Corruption .............................................................................................................................. 3 Challenging Unethical Behaviour ........................................................................................... 4 Case Studies ............................................................................................................................... 4 Case Study 1: Recruitment ..................................................................................................... 5 Case Study 2: Deployment ..................................................................................................... 6 Case Study 3: Appraisal ......................................................................................................... 7 Case Study 4: Promotion ....................................................................................................... 8 Case Study 5: Discipline ........................................................................................................ 9 2 2H Ethical HRM: Questions and Case Studies Ethics and HRM Public servants are expected to adhere at all times to the rules, and within the Public Service, ethical conduct is always subject to formal prescriptions based on the policy of the ruling party, often expressed in terms of law. If public officials do not adhere to the rules, which entail acting in accordance with the formal prescriptions of the policies laid out, it could happen that conflicting actions may develop into ethical dilemmas. Corruption Corruption poses a serious development challenge and results in the inefficient provision of services. It violates a basic principle of republicanism regarding the centrality of civic virtue. More generally, corruption erodes the institutional capacity of government as procedures are disregarded, resources are siphoned off, and public offices are bought and sold. At the same time, corruption undermines the legitimacy of government and such democratic values as trust and tolerance. The ethical dilemma that faces the public servant with regard to corrupt practices as a result of private interests primarily concerns his/her reaction to the situation. If a corrupt practice or an attempt at corruption is discovered, it is quite possible that the official's personal loyalties or party political affiliations may be in conflict with his/her official duties. The problem is that the selection of one path of action from among several alternatives is often made on the basis of personal preference, political or other affiliations, or even personal aggrandisement, thereby disregarding known facts and thus the possibility of rational decision making. It could well be that all the prescribed rules, regulations and procedures are adhered to but that the discretionary choice may be viewed as unethical or even corrupt. Some of the most common examples of corrupt behaviour in the Public Service include the following: 3 Nepotism Conformity Bribery Embezzlement Kickbacks Godfatherism. 2H Ethical HRM: Questions and Case Studies Challenging Unethical Behaviour It has been acknowledged that the responsibility for maintaining standards and minimising unethical behaviour within the Public Service falls on the Public Service itself. If properly conceived, regulations governing conflicts of interest in the Public Service are directed towards erecting and maintaining an administrative and management system to protect the public decision-making process. Rather than detecting and punishing the wrongdoer after the fact, such a system reduces the risk of unethical behaviour occurring in the first place. In a well managed administrative system, the incidence of unethical behaviour would be minimised and, where it did occur, swift disciplinary action would be the norm. Focus should, therefore, be placed on reforming Public Service procedures and systems to make them more accountable to the public interest. In other words, in an environment of unethical behaviour, significant Public Service reform will prove elusive if unethical practices are ignored. A number of specific measures and strategies have been adopted in countries such as Ghana, Tanzania, Uganda, Morocco and Nigeria in an attempt to address unethical behaviour. They include: The establishment of ethics codes Improved remuneration Administrative reform Compulsory disclosure of assets and gifts Policy and programme rationalisation Introduction of core values and competencies Ethical conduct by public servants Senior managers increasing and enforcing ethical awareness and taking action against unethical conduct. Case Studies Ethics helps address the question “what should I do?” when confronting issues of right and wrong behaviour. The following example case studies are designed to assist HR practitioners to explore how to deal with the realities of implementing professional HRM in a public sector environment. 4 2H Ethical HRM: Questions and Case Studies Case Study 1: Recruitment Your Honourable Commissioner (HC) sends you a list of people to hire. What do you do? Practical Solution: Put the candidate through the recruitment process If the candidate does not meet the minimum criteria for selection go back to the HC, provide evidence of the selection scores and feedback, state the reasons why the candidate cannot be recruited and ask him/her to propose an alternative candidate Processes need to be put in place with harsh disciplinary sanctions such as gross misconduct for those who seek to unfairly influence the recruitment process. This will require changes to the Civil Service Rules and introduction of HR best practice policies but will allow the HR officer to 'push back' to a certain extent If the HC still insists that the candidate must be appointed then he/she should be employed on a lower grade or to a more appropriate position. You are asked by your Director to hire someone into the service at a certain grade level for which they are not qualified. What do you do? Practical Solution: 5 Write to the Director explaining why the person does not qualify for the grade State also the grade that the person is qualified for and make a recommendation as to where they might be more appropriately deployed While there will be a desire not to 'step on the toes’ of the Director, if clear procedures are put in place which prevent the junior HR officer being able to hire someone to a grade for which he/she is not qualified then any attempts to influence the hiring process should automatically trigger an investigation. 2H Ethical HRM: Questions and Case Studies Case Study 2: Deployment You work in the Service Matters Department in the Public Service Office and have been asked by your Permanent Secretary to deploy named officers to certain 'juicy' MDAs. What do you do? Practical Solution: If the named officer is due for deployment and there is a vacancy, then the officer may be deployed If there is no vacancy in the ‘juicy’ MDA or the officer is not due for deployment, then the matter should be discussed with the Permanent Secretary and another MDA suggested Make the deployment process more transparent and skills based by introducing a formal deployment procedure which requires the prior review and agreement of a formal deployment panel – the more transparent the decision and the more people involved, the lower the potential for 'behind the scenes' decision making. You are required to redeploy an officer to another MDA but the officer refuses to leave as he/she is protected by a political godfather. What do you do? Practical Situation: 6 Write to the Head of Service so he/she can insist that the officer goes to the MDA if his/her skills could indeed usefully fill the gaps identified by the receiving MDA Agree that the officer must move as requested but could potentially go back to his/her preferred MDA at a later date. 2H Ethical HRM: Questions and Case Studies Case Study 3: Appraisal You are asked to rewrite an appraisal form by your Director to ensure the named officer is given a higher appraisal score and more favourable review. What do you do? Practical Solution: Provide your Director with documentary evidence which justifies the appraisal scores and feedback provided, based on your monthly meetings with the line manager Explain the knock-on effect the officer's poor performance has on other officers If the Director insists it must be altered try to get him/her to compromise on the extent to which it must be changed so the overall message is not lost, rather softened. You are told to fake appraisal documents to help someone get promoted. What do you do? Practical Solution: 7 Introduce stringent procedures which require documents to be approved by a number of different stakeholders so documents cannot be altered without questions being asked. 2H Ethical HRM: Questions and Case Studies Case Study 4: Promotion You have been asked to promote someone without putting them through due process. What do you do? Practical Solution: Easy to do when promotion is based on tenure rather than merit Introduce a transparent and clear step-by-step meritocratic promotion process where all candidates have to be formally reviewed and discussed by a Committee This should make it much harder for someone to be promoted without being approved by the Committee If strict and clear procedures are put in place it should be very difficult to promote someone without due process as this would require the forging of documents which should be a serious disciplinary offence. You are asked by your Permanent Secretary to block the promotion of a junior officer. What do you do? Practical Solution: 8 Ask the Permanent Secretary for the reasons for this so it can be explained to the line manager This should only be possible if the officer has actually underperformed, in which case they should not be promoted Review the promotion scores, the notes from your monthly meetings with the line manager and appraisal scores to provide feedback to the candidate on areas for improvement for the next promotion round. 2H Ethical HRM: Questions and Case Studies Case Study 5: Discipline You have been asked not to discipline an officer who is suspected of stealing money. What do you do? Practical Solution: The HR officer may feel that in this situation the appropriate response depends on how much was stolen or the gravity of the theft and who has asked not to discipline the officer Try to make sure the disciplinary process is at least followed, even if the outcome is forcibly 'dumbed down' to ensure this acts as a future deterrent If on investigation the gravity of the theft must require termination or disciplinary action consider blowing the whistle anonymously to the relevant authority. A GL10 officer is continuously absent without leave. He/She is known to be having a relationship with the Permanent Secretary of your MDA. What do you do? Practical Solution: 9 There should be a separation of the personal from the professional However, out of respect for the Permanent Secretary the officer's absence should continue to be recorded and reported If the officer's absence continues the disciplinary process should be carried out The officer should also be asked why he/she is continuously absent – if the officer has no interest in working in his/her current post then an alternative, more appropriate position may be considered. 2H Ethical HRM: Questions and Case Studies