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MBA 402 Assessment 2 Answers Template

Template Word Count = 17 words

Student Name:
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According to the Commonwealth Bank, Code of Conduct the CBA “should we” test
help and a guide to our decision making so we can do what is right in every
situation. This test sets boundaries for our actions that are unethical and even
provides a roadmap for getting help when we run into challenges. The CBA
“should we” test sets out our expectations for how we act and how we can solve
problems and even in making decisions. It can help us to do the right thing when
we face decisions that we weren’t sure of.

In the three potential scandals that MR is investigating, the stage of “is this
consistent with our values and policies test that actions fail because MR failed to
comply with the Disability Discrimination Act and an employee has been neglected
of observing reasonable workplace adjustments that includes wheelchair access.
In this world, where law is used to take advantage against less knowledgeable and
less accessible. The CBA code of conduct brings together a set of tools to help us
navigate the complexity we face everyday and help us to do the right things.

“ Is this fair to customers and the community” – Is it fair and just?

Our justice system slightly mirrors our “later” habit wherein even if we have the
capability to do an act, we tend to delay to do such an act. Laws are placed to
protect the interest of the offended and the offender, and even the state, to
achieve what is right and what is just. Fair and just should be construed in its
entirety in order to attain its wisdom and target. Meaning in every interpretation fair
and just, the principles behind the enactment of it shall be the utmost
consideration.

1
A conflict of interest arises when a person, as a public sector employee or official,
is influenced by personal considerations when doing his or her job. Everyone has
personal interests and people to whom they are close. It is inevitable that, from
time to time, these interests will come into conflict with their work decisions or
actions.

On the other hand, Nepotism is a particular type of conflict of interest. Although the
expression tends to be used more widely, it strictly applies to a situation in which a
person uses his or her public power to obtain a favour – very often a job – for a
member of his or her family. The nepotism prohibition is not a ‘no-relatives’
standard, but it does prohibit a public servant from using or abusing his or her
public position to get public jobs for family members.

The objective is not to prevent families from working together, but to prevent the
possibility that a public servant may show favouritism towards family members, in
the exercise of discretionary authority on behalf of the public to hire qualified public
employees.

We regard nepotism as prerequisites for conflicts of interest underlying private


interest. Therefore, the conflict of interest is a broader and deeper than nepotism
because it is a corruption phenomenon, covering not only the existence of a
potential conflict of interest, decision-making under the conflict of interest, but also
generating corrupt links within the State mechanism, the spread of such
phenomena as the appointment of close relatives, giving benefits and privileges to
friends, etc.

Major conflicts of interest could include, but are not restricted to, salaries and
perks, misappropriation of company assets, self-dealing, appropriating corporate
opportunities, insider trading, and neglecting board work. All board members are
expected to act ethically at all times, notify promptly of any material facts or
potential conflicts of interest and take appropriate corrective action.

Even though some directors describe themselves as “independent of


management, company, or major shareholders,” they may find themselves faced
with a conflict of interest if they are forced into agreeing with a dominant board
member. Under particular circumstances, some independent directors form a
distinct stakeholder group and only demonstrate loyalty to the members of that
group. They tend to represent their own interests rather than the interests of the
companies.

2
When a board’s core duty is to care for a particular set of stakeholders, such as
shareholders, all rational and high-level decisions are geared to favor that
particular group, although the concerns of other stakeholders may still be
recognized. Board members have to address any conflicts responsibly and
balance the interests of all individuals involved in a contemplative, proactive
manner.

CI helps create a powerful, comprehensive ecosystem that enables businesses to


create dynamic customer profiles and deliver superior CX to each customer. When
these capabilities lead to actionable recommendations, businesses can
understand customers better and design tailor-made cross-channel
communications and marketing strategies at every stage of the customer journey.

Discrimination can be expressed through harassment, it is when a boss,


supervisor or a co-worker says or does something that creates an intimidating,
hostile or threatening to the work environment.
Discrimination occurs when a person is treated differently by others because of
his/her certain characteristics. It is also any unwanted behavior that makes a
person uncomfortable. These characteristics may include race, color, gender,
origin, religion, age, status and even disability. While harassment involves
unwelcome conduct in some cases that can be lawful. It is an act that is targeted
towards one person. This entails something that is said or written or even graphic
or physical contact. A person committing the offending behavior is deliberate in
their actions and creates a hostile environment.
One example of an act of workplace harassment that does not involve
discrimination is personal harassment wherein it is not illegal nor discriminatory. In
the scandal 1 provided, an employee who has a disability who experiences
bullying and harassment in a workplace and also who have been neglected of
observing reasonable workplace adjustments that includes access to wheelchairs
due to his disability. It falls under personal harassment because an employee
humiliates him, passes dirty comments, doing practical jokes that are played on
him and makes inappropriate remarks, with their co-worker. It is a personal
harassment because it includes offensive jokes, criticism and intimidation to him
personally. Nor can it be a discriminatory harassment because it can be a
disability-based harassment wherein it is a harassment directed towards an
individual who suffers with any disability. It also includes refusal to provide
necessary and reasonable accommodations. In this case, he has neglected to
observe reasonable workplace adjustments that include wheelchair access.
Harassment and discrimination is not acceptable in the workplace. It can lead to
the individuals working less effectively.

3
Fraud is any intentional act or omission that is designed to deceive others, that
results in the victim to suffer a loss. It is a dishonesty activity that causes a
financial loss to a person. It also includes deliberate falsification, concealment
destruction or use of falsified documentation that is intended for use for a normal
business purpose or the improper use of information or position for personal
benefit.

One example of fraud is asset misappropriation; it happens when an employee


takes or misuses company assets for their gain. For instance, an employee uses
company equipment for their personal use even if they never actually steal it. In
the scandal 3 provided in the case, it was discovered that one of the WA
contractors has been exaggerating their expenses and claiming twice personnel
and work hours used on the land reclamations.

While corruption is a dishonest activity in which a person abuses his/ her position
of trust that is entrusted to him and to gain advantage for himself or to the entity.
One example of corruption is embezzlement wherein it happens when an
employee misappropriated anything of value that was entrusted to them because
of their position. In addition it is when a public officer manipulating a selection
panel decision to ensure that a relative gets a job and also an officer accepting
kickbacks in the tendering process, it is a corruption because it is a criminal
offense and dishonest.

It is a yes that it should be in the same code sections because fraud and
corruption are multi-faced drivers of dishonest conduct. Therefore, it should be in
the same section due to the fact that the risk of business and agencies from fraud
and corruption is as high as ever. A clear understanding of the code can be a good
grasp of the area.

Customer Intelligence, retrieved 2 January 2024,


https://www.cognizant.com/us/en/glossary/customer-

4
intelligence#:~:text=Customer%20intelligence%20(CI)%20is%20the,and
%20interact%20with%20their%20customers.

Cossin,D 2017, the four tiers of conflict of interest faced by board directors,
retrieved 2 January 2024,
https://www.imd.org/research-knowledge/corporate-governance/articles/the-
four-tiers-of-conflict-of-interest-faced-by-board-directors/#:~:text=Major
%20conflicts%20of%20interest%20could,trading%2C%20and%20neglecting
%20board%20work.

Eisenstein, L 2019, Conflict of Interest: Examples for a Nonprofit Board,


retrieved 2 January 2024, https://www.boardeffect.com/blog/conflict-interest-
examples-nonprofit-board/

Victoria University, retrieved 2 January 2024, https://www.vu.edu.au/current-


students/campus-life/advice-support/safer-community/concerning-
threatening-or-inappropriate-behaviour/discrimination-harassment

Fraud and corruption prevention and control policy of the International


Federation of Red Cross and Red Crescent Societies, retrieved 2 January
2024, https://www.ifrc.org/sites/default/files/IFRC-Fraud-and-Corruption-
prevention-and-control-policy_English.pdf

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