What is a set of ethical behavior guidelines which govern the day to day activities of a profession or organization?

Professional codes of conduct provide benefits to:

• the public, as they build confidence in the profession’s trustworthiness
• clients, as they provide greater transparency and certainty about how their affairs will be handled
• members of the profession, as they provide a supporting framework for resisting pressure to act inappropriately, and for making acceptable decisions in what may be ‘grey areas’
• the profession as a whole, as they provide a common understanding of acceptable practice which builds collegiality and allows for fairer disciplinary procedures
• others dealing with the profession, as the profession will be seen as more reliable and easier to deal with.

Other contributors to professional ethics

Fiduciary duties

When an adviser agrees to assist a client, they agree to take on a level of responsibility for that person and their immigration matter. The client becomes dependent on the adviser in relation to that assistance. This is a fiduciary relationship between the fiduciary (the adviser) and a principal (the client). Even without a Code this fiduciary relationship means the adviser has certain obligations to their client.

Contractual obligations

When an adviser enters into a contract (or written agreement) with a client this creates legally binding obligations to perform the terms of the contract in a particular way. This includes a duty to act with diligence, due care and skill, and also implies obligations such as confidentiality and honesty, even if they are not specifically set out in the contract.

Many ethical issues are likely to stem from advisers’ relationships with clients. Most of these can be overcome by having clear terms in a written agreement about how certain matters will be dealt with, such as the sharing of confidential information, the use of interpreters, refunds and invoicing. More information on written agreements can be found in the Code of Conduct Toolkit.

Other laws

As well as New Zealand immigration legislation, advisers should also be aware of other relevant laws that seek to regulate how service providers must behave. In New Zealand this could include the Consumer Guarantees Act 1993. Advisers operating outside of New Zealand should make sure that they are familiar with any equivalent legislation that governs the behaviour of service providers there.

Adherence to ethical standards based on the public sector values and the Codes of Conduct reduces the level of organisational risk and increases performance.

The values and principles help people determine how things ought to be done. They guide work practices, interactions and behaviour within an organisation. They are the foundation on which an organisation operates and apply across all levels of the organisation – from the Secretary or Chief Executive to frontline employees.

The most effective ethics development programs from around the world help employees make sense of organisational values, raise awareness of ethical responsibility and assist employees to develop skills in ethical problem solving.

The Victorian Public Sector Commission’s goal is for:

• Employees to understand the values and principles
• Managers to apply and encourage their application
• Senior leaders to demonstrate and reinforce them as part of the culture of their organisation

The ethics framework

Setting the ethical tone

Senior accountability for the ethics system reassures your employees that ethical issues are taken seriously within the organisation. Think about whether your organisation has the right:

• governance arrangements
• style of supervision
• role models.

Every organisation should appoint a senior executive Corruption Prevention and Integrity Champion to lead and coordinate work within their organisation and to share good practice. Making appropriate expectations around integrity front and centre in all performance agreements helps embed high ethical standards throughout the organisation.

Planning the elements of an ethics system

You will need to assign an ethics officer or an ethics committee to design, implement and maintain the ethics system. Their tasks will include:

• conducting an ethics audit to identify ethical risks that must be addressed by the ethics system
• setting up and advising you and the executive team on the design and operation of the ethics system.

Managing the ethics system day-to-day

The senior accountable officer or committee oversees a system for rewarding and encouraging ethical behaviour and deterring unacceptable behaviour. Their tasks include:

• monitoring information from surveys, turnover data and other sources
• informing and involving employees in discussions about the values and principles
• developing policies and procedures in consultation with employees
• incorporating the values and principles in induction and other staff development programs
• rewarding, recognising and promoting employees who exemplify the values and principles
• enabling employees to raise concerns about application of the values and principles.

Developing ethical skills

The values and employment principles guide our relationship with the Government, community and each other but what do these mean in practice?

Ethical behaviour means always taking the high road when making decisions. For managers it also means leading when managing yourself and your staff.

There are tips for sustaining an ethical workplace so that ethics become a natural function of your organisation. Try these activities:

• lead your team in discussing a workplace problem in your next team meeting
• start a discussion about the values and principles the next time you make a major decision
• read the code of conduct, examine your own behaviour and challenge misconduct in the workplace
• speak to HR about how you can develop a values-based organisation

Put the values and employment principles on display, not only through your behaviour, but also by hanging posters in your foyer, lunch room or workplace.

Take the GIFT Test the next time you are offered a gift, benefit or hospitality at work.

By Kimberlee Leonard Updated October 25, 2018

At work, ethical behavior is the legal and moral code guiding employee behavior. Being a professional requires more than wearing a nice suit. It requires ethical behavior that drives interactions with other employees, customers and leadership. It also guides how someone performs her job. Ethical behavior guides whether someone will perform minor infractions if she feels no one is watching. Business leaders need to set clear guidelines for ethical behavior in the workplace and to consistently train employees on working according to those expectations.

Professionalism and ethics in the workplace are the guiding principles that an individual or the company has established. Generally, a company sets forth a minimum standard of ethics and expectations, even though there are employees who may have a higher personal set of ethics. Those who don't follow the ethics rules at work are subject to disciplinary action, possibly even firing.

As with all ethics guidelines, these rules at work consider what is best for all involved. That includes the employer, the employee, co-workers and the public. An employee handbook may list specific behavior expectations but many components of ethics are guided by a person's moral code. For example, an employer may not expressly state that one employee should not take credit for a project if he had nothing to do with it. This generally follows a person's moral compass, though it may become a rule if a problem permeates among employees.

Ethical behavior in the workplace is important for many reasons. People and customers feel safe when working with a company if they know people are following morally sound guidelines. It builds the reputation of the business and doing "clean business" or keeping "customers as a priority."

Many professionals won't remain in business if the public doesn't feel that the person or the company operates ethically. Banks, financial representatives, lawyers all must follow high ethical standards. Any company taking credit card information needs to maintain strict privacy and information protection policies to get consumer confidence.

Ethics guidelines also set the tone for how companies deal with conflict. When customers complain or if a co-worker accuses another of wrong-doing, an ethical company can go to its employee handbook and follow established fair procedures to get a resolution.

There are many examples of ethical communication in the workplace. Most trustworthy and ethical behavior starts with money management. You want people in the organization who handle money and financial transactions to do so ethically. An employee skimming a quarter out of the cash register is not acting ethically, or lawfully.

Ethical communication in the workplace is another area that staff needs to be clearly trained on. An employee who is upset with a client or co-worker is not supposed to break confidentiality and spread or forward an email or gossip. Employees will follow the lead of managers if there is no set standard. If the boss comes in and makes fun of a customer or another employee, the staff will think this is okay. Ethical standards must be met to prevent potential bullying and discrimination, which leads to high turnover, high anxiety and low productivity.

Ethics extends beyond issues of right or wrong. A conscientious employee is concerned about doing his job to the best of his ability. This employee won't close the store two minutes early; she will stay 10 minutes late, if someone needs help. Employees who have high ethical standards are proactive to help solve problems with co-workers or customers. They don't pass the buck or point fingers at others; they take responsibility. Although these traits are not wholly indicative of someone's ethics, they do serve as baseline indicators for employers.