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MBA402 Assessment 2 - Answer Template T3 2023-1-1
MBA402 Assessment 2 - Answer Template T3 2023-1-1
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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.
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.
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.
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.
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.
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.
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.