Renewing the culture of cricket

Renewing the culture of cricket
Opinion + AnalysisBusiness + LeadershipRelationshipsSociety + Culture
BY The Ethics Centre 26 NOV 2019
On March 24, 2018, at Newlands field in South Africa, Australian cricketer Cameron Bancroft was captured on camera tampering with the match ball with a piece of sandpaper in the middle of a test match.
It later emerged that the Australian team captain Steve Smith and vice-captain David Warner were complicit in the plan. The cheating was a clear breach of the rules of the game – and the global reaction to Bancroft’s act was explosive. International media seized on the story as commentators sought to unpack cricket’s arcane rules and its code of good sportsmanship. From backyard barbeques to current and former prime ministers, everyone had an opinion on the story.
For the players involved, retribution was swift. Smith and Warner received 12-month suspensions from Cricket Australia, whilst Bancroft received a nine-month suspension. The coach of the Australian team, Darren Lehman, quit his post before he had even left South Africa.
But it didn’t stop there. Within nine months, Cricket Australia lost four board directors – Bob Every, Chairman David Peever, Tony Harrison and former test cricket captain Mark Taylor – and saw the resignation of longstanding CEO James Sutherland as well as two of his most senior executives, Ben Amarfio and Pat Howard.
So, what happened between March and November? How did an ill-advised action on the part of a sportsman on the other side of the world lead to this spectacular implosion in the leadership ranks of a $400 million organisation?
The answer lies in the idea of “organisational culture,” and an independent review of the culture and governance of Cricket Australia by our organisation – The Ethics Centre.
Cricket Australia sits at the centre of a complex ecosystem that includes professional contract players, state and territory associations, amateur players (including many thousands of school children), broadcasters, sponsors, fans and hundreds of full-time staff. As such, the organisation carries responsibility for the success of our national teams, the popularity of the sport and the financial stability of the organisation.
In the aftermath of the Newland’s incident, many wanted to know whether the culture of Cricket Australia had in some way encouraged or sanctioned such a flagrant breach of the sport’s rules and codes of conduct.
Our Everest process was employed to measure Cricket Australia’s culture, by seeking to identify the gaps between the organisations “ethical framework” (its purpose, values and principles) and it’s lived behaviours.
We spoke at length with board members, current and former test cricketers, administrators and sponsors. We extensively reviewed policies, player and executive remuneration, ethical frameworks and codes of conduct.
Our final report, A Matter of Balance – which Cricket Australia chose to make public – ran to 147 pages and contained 42 detailed recommendations. Our key finding was that a focus on winning had led to the erosion of the organisation’s culture and a neglect of some important values. Aspects of Cricket Australia’s player management had served to encourage negative behaviours.
It was clear, with the release of the report, that many things needed to change at Cricket Australia. And change they did.
Cricket Australia committed to enacting 41 of the 42 recommendations made in the report.
In a recent cover story in Company Director magazine – a detailed examination of the way Cricket Australia responded in the aftermath of The Ethics Centre’s report – Cricket Australia’s new chairman Earl Eddings has this to say:
“With culture, it’s something you’ve got to keep working at, keep your eye on, keep nurturing. It’s not: we’ve done the ethics report, so now we’re right.”
Now, one year after the release of The Ethics Centre’s report, the culture of Cricket Australia is making a strong recovery. At the same time as our men’s team are rapidly regaining their mojo (it’s probably worth noting that our women’s team never lost it – but that’s another story).
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Accepting sponsorship without selling your soul

Accepting sponsorship without selling your soul
Opinion + AnalysisBusiness + Leadership
BY The Ethics Alliance 12 NOV 2019
The artistic director of the Sydney Festival Wesley Enoch does not shy away from controversy. So it’s no surprise he’s rattling cages with his views on artists accepting money from sponsors with unpalatable policies.
Take the money, he advises. Then use it to create work that expresses your opposition.
“I’m quite compromised a lot in the jobs I’ve done because you’re constantly looking for clean money. You are constantly looking for money that has no stigma attached to it and that comes from the joyous valuing of life,” he says.
“And I don’t think that exists. What you do with it is the most important thing.”
The CEO of the Biennale of Sydney, Barbara Moore, shares his view.
“If an arts organisation takes the position of determining right from wrong in a binary system, we’re not going to have very much art funding left,” she says, pragmatically.
Rather than focusing on the differences, arts organisations should be looking at where their values align and what they can achieve together, she says. Where there is dissent, an event such as the biennale should be a “safe space” to have a difficult discussion about it.
What these two cultural leaders are saying is that artists who feel ethically compromised by accepting money from governments or companies with whom they disagree may be missing a greater opportunity to be heard.
Enoch says his job is to articulate his own values and then let others make their decisions about whether they will sponsor the organisations he leads. However, the sponsorship has to be at “arm’s length”, he says.
“My job is to articulate my values and let others make their decisions. If that means sometimes biting the hand that feeds you, then so be it,” he says.
Enoch says he has a “very complex” relationship with governments, which are major sponsors of the arts, but also promulgate policies he disagrees with – such as mandatory sentencing and offshore detention centres.
“Do I take the money from governments? Yes. Do they stop me from speaking against them? No. And that’s the big thing for me.”
Enoch says he uses the same framework for corporate sponsorships and philanthropy. “They have to support me in doing what I’m doing.”
In 2014, the Biennale of Sydney was hit by a sponsorship crisis when it lost its principal funder, Transfield Holdings – the private company of the Belgiorno-Nettis family. The family, which founded and funded the biennale for 41 years, withdrew from the event after artists threatened a boycott over the role Transfield Services played as a contractor for Australia’s network of immigration detention centres.
At the time, the family-owned Transfield Holdings was a shareholder of facilities manager Transfield Services. It has since sold out its interest in the company.
Luca Belgiorno-Nettis, stepped down as chair of the biennale, even though the contract for the detention centres was awarded two years after he and his brother Guido had stepped down as directors of Transfield Services. They had stopped being directors in 2012, and the contract was awarded in 2014 – the same year as the biennale.
The family company sold out its 11.3 per cent shareholding in Transfield Services after the controversy and Spanish company, Ferrovial, became the new owner of Transfield Services (now called Broadspectrum) in 2016 and announced it was withdrawing from its involvement in detention centres.
Moore, who was head of benefaction (philanthropy) at the time, says it was a difficult time for the family, which she indicates had views on the issue that were more aligned to those of the artists than the protesters may have realised.
But only a couple of weeks away from the biennale’s opening, that aspect of the issue was lost in the “static”.
“We were caught off guard in a media storm,” she says.
The controversy, although painful at the time, did not have an impact on the future of the event. After a government review that confirmed the cultural importance of the biennale, the Neilson Foundation stepped in to take over principal sponsorship and now 45 per cent of the funding comes from three levels of government, with the remainder coming from private philanthropic sources.
“Actually, it has made us stronger because it was a moment for us to pull back and remember what our core values are,” says Moore.
Moore says she regrets that the Transfield controversy ended the partnership and was not used, instead, as an opportunity to engage artists and others around the issue of detention centres.
“We would absolutely take Transfield on as a partner again,” she says.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.
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If it’s not illegal, should you stop it?

If it’s not illegal, should you stop it?
Opinion + AnalysisBusiness + Leadership
BY Fiona Smith Cris 12 NOV 2019
Gambling addict, David Harris, made a sincere attempt to put himself out of harm’s way. Owing $27,000 on three credit cards, he turned down an offer to increase his credit limit and informed the bank about his addiction.
Eleven days later, the bank offered him yet another increase.
Harris, a roofer by trade, borrowed $35,000 from his boss to repay his debts and the two of them went into a bank branch to close his account, but were told they had to talk to the bank by phone. When they called, they were told to visit a branch.
He cut up his credit card, but then later applied for another and quickly ran up a gambling debt of around the same amount. During all of this, he had been “peppered” with numerous unsolicited offers to increase his credit limit.
By the time Harris’ case was detailed in the Banking and Financial Services Royal Commission last year, his bank (the Commonwealth Bank) had already acted to restrict credit increases and credit card offers where problem gambling is identified.
Today, the bank has a Financial Assist Sensitive Matters team to provide financial assistance and guidance. Customers can also ask for a “gambling and cash block” to be put on their credit card to try to stop transactions that may be used for gambling.
However, at the time of Harris’ disclosure of his addiction to the bank in 2016, there were no processes in place pass that information to the parts of the bank assessing the creditworthiness of its customers.
The bank had not just enabled Harris to use borrowed money for gambling. By putting continual temptation into his path, it was also making it virtually impossible for an addict to stop.
Helping problem gamblers help themselves
Since the Royal Commission handed down its final report in February, other banks have also stepped up to help problem gamblers help themselves. The Bank of Queensland, Citibank and the Bendigo Bank have banned the use of credit cards for online betting.
In July, Macquarie Bank became the first of the larger banks to block credit card transactions for nights out at a casino, lottery tickets, sports betting and online gambling. The card will be declined regardless of whether the user has a problem with gambling. Macquarie has also capped cash advances at $1000.
Some banks offer customers the option to block their credit cards (with a 48-hour cooling-off period) and turn off credit card use for online transactions.
While those lobbying for safeguards have applauded these measures, there are inevitable counter-claims that they impinge on people’s freedom of choice.
The CEO of the peak body for financial counsellors in Australia, Financial Counselling Australia, Fiona Guthrie, says that efforts to put in safeguards are always met with the same protests.
“We get that argument all the time: that gambling is not illegal and so people have choices,” she says.
“The unspoken reason is that they would lose market share. They would not make as much money.”
“But, for me, it is like wearing seatbelts – making sure we don’t do things that are harmful. And the idea that you would borrow money and use it for gambling is clearly got to be a harmful practise.”
Choice is ‘moot’ when you are an addict
While some may argue that banks do not have the right to interfere in personal spending choices, Guthrie demurs, saying that banks have always decided what purposes are suitable for the credit they provide.
“Commercial organisations make decisions all the time about who they will engage with, who they will sell to and how they will sell and on what terms.”
Financial Counselling Australia director of policy and campaigns, Lauren Levin, says “Freedom of choice” becomes moot when someone is in the grip of an addiction: “They are not like everyone else”.
CBA executive general manager for retail, Clive van Horen, spoke about the freedom of choice argument in the Royal Commission when asked if his bank could identify whether people who apply for credit limit increases are spending large amounts on entertainment, takeaway food, alcohol, tobacco or gambling.
Van Horen replied: “With limits, yes we can. Ought we to? That’s a question of interpreting the guidelines”.
“The challenge we have as a bank is gambling is legal and, therefore, the choice – choice we’ve grappled with – is at what point do we say it’s not okay for an adult to choose how much to spend on different activities?
“You can quickly see the slippery slope that puts us on if we say ‘you can’t spend on gambling’. Well, then, what about other addictive spending on shopping or on alcohol or any other causes? This is what we’ve grappled with.
“Absent any clear legal or regulatory guideline, how do we determine when we intervene and impose limits?”
Lump-sum payments are also at risk
Levin argues that “doing nothing” is not a neutral position: “It comes with a really significant cost”, she says, pointing to the personal fallout from problem gambling.
Aside from the use of credit for gambling, the government and finance sector also need to turn their attention to the preservation of lump-sum payments and the proliferation of “payday lenders”, she says.
People who receive a lump sum of superannuation money or compensation for illness or accident are also vulnerable to blowing the lot on gambling, especially if they are in chronic pain, on heavy medication or suffer a mental illness such as depression.
Levin says people can transfer any amount of their own money into a gambling account without restriction. She remembers one man lost $500,000 compensation money in four months.
“People using their own money are desperate for tools that could help them not be damaged at a time when they are particularly vulnerable.” Levin says she would like to see banks provide a safe place to preserve the lump sum and a product that offers an income stream to those who have a problem with gambling.
Guthrie says she would like the Government to enact the recommendations from the review of Small Amount Credit Contracts (payday loans), including the proposal to cap repayments on these products to 10 per cent of a consumer’s net income per pay cycle.
“This would prevent over-commitment,” says Guthrie.
While the use of payday loans is common for problem gamblers, it is also true that regular payments to gambling sites is a “red flag” in terms of risk and is one of the top reasons for the rejection of a payday loan application.
Online payday lenders often promise money in your bank account within an hour of approval. They offer amounts of up to $2,000 with a contract term of between 16 days and 12 months and, in some cases, charge more than 400 per cent for payday loans and 800 per cent for consumer leases.
According to constitutional lawyer and activist Shireen Morris, 40 per cent of people who get a payday loan are unemployed, one-quarter get more than 50 per cent of their income from Centrelink, and the average number of loans per borrower is 3.64.
“One case study of loans taken out by Centrelink recipients showed a $700 washing machine ended up costing $2176, a $345 dryer ended up costing $3042 and a $498 fridge ended up costing $1690,” she wrote in the Sydney Morning Herald.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.
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Why trust-building strategies should get the benefit of the doubt

Why trust-building strategies should get the benefit of the doubt
Opinion + AnalysisBusiness + Leadership
BY Cris Parker Cris 31 OCT 2019
You can’t blame people for feeling cynical. These days, it seems smart to distrust the motives of others and assume their every action is powered by self-interest.
You can’t go wrong expecting the worst, right?
There are so many reasons to be continually on your guard in an era of “alternative facts” and fallen idols. In recent times, all pillars of our society have revealed some rot at their core, whether it be in business, politics, media, religion, science or sport.
Scandalised headlines and royal commissions have lost their capacity to shock, yet there is still an argument for expecting moral behaviour from business. And there is a gulf between reasonable caution and cynicism.
Good things – positive progress – cannot happen unless we allow ourselves to believe in and support them.
I think most of us would consider ourselves to be altruistic, ready to put aside our self-interest (at least some of the time) for the benefit of others or a greater cause. And we know others who would behave the same way.
Common sense should then tell us that organisations and industries contain people whose days are powered by good intentions – even if the organisations they work within are caught up in unethical practices.
However, when those people get together to create positive change, the best way to kill it off is with an eye roll, shrug and disbelieving attitude.
In January this year, the energy industry’s Energy Charter took effect, with its 18 signatory companies in the electricity and gas industries voluntarily agreeing to disclose how they are measuring up to a set of principles that require businesses to:
- Put customers at the centre
- Improve affordability
- Provide safe, sustainable and reliable energy
- Improve customer experience
- Support customers who are in vulnerable circumstances
Having aggravated customers with inconsistent service and high prices, the industry itself accepted its effort to regain the public’s trust would be greeted with an “oh yeah?” by a disillusioned and distrustful public.
Electrical Trades Union of Australia national secretary, Allen Hicks, was reported as saying the charter was nothing but a “fig leaf” allowing the same for-profit practices to continue while real problems went unaddressed.
Energy Users of Australia chief executive, Andrew Richards, greeted the initiative with what he said was a “healthy scepticism”, while the NSW Energy and Water Ombudsman, Janine Young, said “positive cynicism” would be a more appropriate lens than blank disbelief.
Signatories to the charter submitted their first disclosure reports in October and the Energy Charter Independent Accountability Panel will publish an evaluation report on November 29.
The transparency of the process, in publishing the self-assessments of the signatories, should go some way to dispelling scepticism about the motivations and commitment of the participating businesses. I recently attended the Energy Charter Industry Working Group workshop where members articulated the challenges and learnings of the process. Industry regulators were present to hear the feedback, warts and all. It was a unique experience where fierce competitors came together, showed their vulnerability and contributed to creating a more sustainable industry.
When reading through the energy companies’ self-assessments, the wider community should acknowledge the honesty of owning up to mistakes or their failure to meet expectations.
The Banking and Finance Oath (The BFO) – which I have worked with for over 5 years – is another initiative to earn trust and has also had to combat sceptics and cynics. The BFO asks individuals to hold themselves to account.
While the number of signatories is relatively low, given the size of the industry, there are strong indications it is starting to make headway. Around 3,000 people have committed to the following principles:
Trust is the foundation of my profession
- I will serve all interests in good faith.
- I will compete with honour.
- I will pursue my ends with ethical restraint.
- I will help create a sustainable future.
- I will help create a more just society.
- I will speak out against wrongdoing and support others who do the same.
- I will accept responsibility for my actions.
In these and all other matters; My word is my bond.
In a speech at The BFO conference in August, chairman of APRA, Wayne Byres said initiatives such as the Oath are important building blocks for a stronger, more efficient, and more sustainable financial system. “They should be welcomed and embraced by industry leaders.”
When people ask whether the Energy Charter or The BFO are going to make a difference, they need to look to the longer term, rather than expecting immediate results. There needs to be a level of tolerance for mistakes and a willingness to allow time for correction.
While publicly holding themselves to a high standard, there are no quick fixes to culture change, and many of the problems that beset both sectors cannot be solved without political support and regulatory reform.
Coming back to the point about whether cynicism is a smart approach when it comes to assessing the motives of others, psychology has some pointers.
It is commonly believed that cynicism is a sign of intelligence, yet psychological research shows no such correlation. Instead, studies show that people who perform well in cognitive tasks are less cynical.
“ … holding a cynical worldview might represent an adaptive default strategy to avoid the potential costs of falling prey to others’ cunning,” say social psychologist Olga Stavrova of Tilburg University in the Netherlands and evolutionary psychologist Daniel Ehlebracht from the University of Cologne in Germany. Studies on the relationship between trust, health and finances find that thinking the worst tends to lead to worse results.
The psychologists cite US comedian Stephen Colbert, who told a university graduating class: “Cynicism masquerades as wisdom, but it is the farthest thing from it. Because cynics don’t learn anything. Because cynicism is a self-imposed blindness, a rejection of the world because we are afraid it will hurt us or disappoint us.”
Let’s hope the development of these voluntary initiatives that encourage self-reflection and accountability are met with a healthy scepticism, rather than a reflexive cynicism that seems to serve no-one.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.
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Thought Leadership: Ethics in Procurement
Ethics in Procurement Report: The Ethics Alliance
Ethics in Procurement examines the ethical issues and tensions that arise in payment of suppliers, and provides a framework for ensuring fair transactions.
The Ethics Alliance is a corporate community, designed to share challenges and take a collaborative approach to finding solutions. At our inaugural gathering, an Alliance member called out the crippling impact late payments was having on his business. Through conversation, it became evident this was an issue shared by many members and unintentionally caused by others, and was a problem we wanted to help solve.
This guidebook came together after a series of interviews with members and a follow up roundtable discussion that explored both systemic and principle-based solutions. It examines some of the procurement-based issues identified through that process, looking at the causes of ethical tension and offering frameworks for each stage of the procurement process.
Formulated as a practical solution, the paper considers common challenges including:
- Should companies have an open tender and invite all to bid, or save time and money by targeting known suppliers?
- Should companies accept the cheapest complying bid, or pay more to a company that distributes a proportion of its profits to a good cause?
- Should companies be transparent in their dealings with suppliers, or will this open them up to disputes?
- Is it reasonable for companies to impose a significant administrative burden in the first round of a tender process by asking for information which is not directly relevant to the project in question?
Plus, it provides a framework to make payment processes fair, practical and ethical.
"Organisations that are buying goods or services can encounter many forks in the road, requiring decisions on how to respond. By viewing those questions through an ethical lens, we are more able to make decisions that align with the purpose, values, and principles that our organisations are committed to - and that we may hold as individuals."
WHAT'S INSIDE?

Ensuring a fair transaction

Looking after your suppliers

Practical issues to be solved

Reasons you might have a problem

A practical framework

An ethical framework
AUTHORS
Contributors
Writing and Research
Ben Robinson lead the writing and research for this report. He has worked in various roles at The Ethics Centre since 2016. Ben studied Philosophy and Political Economy at the University of Sydney, and is a Graduate Ethics and Sustainability Consultant at Deloitte.
Member contributions
The following Ethics Alliance members generously gave their time to talk to us about the procurement issues affecting their business: Shell Australia, Macquarie Bank, Clayton Utz, The Reserve Bank of Australia, Allianz, TrinityP3, The Business Council of Australia, AIA Australia and Insurance Australia Group (IAG).
A special thank you to Shell Australia who generously shared their market leading approach to procurement with The Ethics Alliance, providing the context and structure for the practical framework offered in this report.
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EVERYDAY ETHICS FOR FINANCIAL ADVISERS

Everyday Ethics for Financial Advisers: A Guide for the Ethical Professional
Everyday Ethics for Financial Advisers
This practical guide for Australian financial advisers, offers ethical decision making frameworks and practice case studies based on the five values and 12 standards of the Code.
Every day, and in every client interaction, financial advisers face ethical decisions. In whose best interests are you operating in? Are you recommending the best investment for your client? Do you know enough about your client’s situation to be giving this advice?
Everyday Ethics for Financial Advisers has been written to help you comply with the FASEA Code of Ethics. It’s a practical guide for Australian financial advisers to put lessons into practice through the use of ethical decision making frameworks, and is supported by real case studies based on the five values and 12 standards of the Code.
The guide has been written for lecturers, students and current advisers. It’s designed to fulfil the curriculum requirements for FASEA’s Ethics and Professionalism Bridging Course and FASEA’s National Financial Planning Curriculum, to help readers obtain the necessary certifications required to operate as an adviser in the Australian market.
Everyday Ethics for Financial Advisers is accessible and easy to read. It offers practical ways to apply ethical frameworks to real-life scenarios. It’s a textbook intended to be a long term companion as you develop your ethical muscle throughout your career as a financial adviser.
On sale now through all major online book retailers.
"The ideal is for this emerging profession to have a common ethical foundation, enriched by a common understanding, informed by a common set of educational experiences. Our hope is that this new text will be widely embraced across the profession - for the good of society and the clients it serves."
DR SIMON LONGSTAFF
WHAT'S INSIDE?

The opportunities for an emerging profession

What is ethics?

Influences on decisions and behaviour

The financial advice environment

The Financial Planners and Advisers Code of Ethics 2019

Ethical decision making frameworks

Ethics in leadership and business practices

Lecturer's supplement
AUTHORS
Authors

Dr Simon Longstaff
Dr Simon Longstaff has been Executive Director of The Ethics Centre for 30 years, working across business, government and society. He has a PhD in philosophy from Cambridge University, is a Fellow of CPA Australia and of the Royal Society of NSW, and an Honorary Professor at ANU National Centre for Indigenous Studies. Simon was made an Officer of the Order of Australia (AO) in 2013.

Dr Katherine Hunt
Dr Katherine Hunt is a researcher and lecturer at Griffith University. She has worked as a financial adviser for five years and combines this with her education in Psychology, Finance, Law and Economics to design and implement curriculums which deliver the greatest possible impact. Katherine holds the following qualifications; BPsychSc, B Comm (Financial Planning), Honours in Finance (University Medal), PhD, JP (Qualified).

Carloyn Tate
Carolyn Tate spent her first 20 years of working life in the banking industry and the last 18 years as a freelance writer, educator and consultant. She’s written four business books and one travel memoir, Unstuck in Provence. She’s a founding member of Conscious Capitalism and her company is a Certified B Corporation. Carolyn specialises in researching and writing on subjects that will improve human and planetary conditions such as purpose, leadership, ethics and gender equality.
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Accountability the missing piece in Business Roundtable statement

Accountability the missing piece in Business Roundtable statement
Opinion + AnalysisBusiness + Leadership
BY Dennis Gentilin The Ethics Centre 3 OCT 2019
Over the past few weeks a lot has been written about the “Statement on the Purpose of a Corporation” issued by the Business Roundtable in the United States.
The Business Roundtable, an association of chief executive officers from America’s leading companies, has shifted its position on who a corporation principally serves.
The original statement, published in 1997, suggested that companies exist to serve its shareholders. The new statement, signed by 163 chief executive officers, states that “While each of our individual companies serves its own corporate purpose, we share a fundamental commitment to all of our stakeholders.”
This “stakeholder approach” to corporate responsibility is not in itself ground-breaking. Nor is it a recent invention. In Johnson and Johnson’s corporate credo developed in 1943, the company lists patients, doctors and nurses as its primary stakeholders, followed by employees, customers, communities and finally shareholders.
Indeed, the shift to a stakeholder approach may not be as profound in practice as some have suggested. Even the Business Roundtable have said that the previous statement “does not accurately describe the ways in which we and our fellow CEOs endeavour every day to create value for all our stakeholders, whose long-term interests are inseparable.”
Given this, it is possible that chief executive officers only support the stakeholder approach to the extent that it benefits both themselves and the shareholder. And we should not necessarily decry this. Adam Smith, sometimes referred to as the “father of economics”, argued that individual self-interest can produce optimal outcomes, the source of his so-called “invisible hand”.
Even Milton Friedman, the much-maligned University of Chicago economist who is often held out as being the most vocal advocate for shareholder primacy, was not ignorant to the possibility that looking after the needs of stakeholders is not necessarily at odds with generating superior returns for shareholders in the long run. Famously, Friedman wrote:
“It may well be in the long-run interest of a corporation that is a major employer in a small community to devote resources to providing amenities to that community or to improving its government. That may make it easier to attract desirable employees, it may reduce the wage bill or lessen losses from pilferage and sabotage or have other worthwhile effects.”
However, as committed as the Business Roundtable might be, circumstances will prevail that are not supportive of the stakeholder approach. Uncompetitive markets result in companies benefiting at the expense of consumers. Seemingly sensible incentive schemes can drive perverse outcomes. And a company’s products, despite being highly valued by its customers, can have broader, deleterious consequences (fossil fuel companies producing carbon dioxide, social media companies empowering covert actors, and technology companies producing “e-waste” are three examples of the latter).
The signatories to the revamped Statement on the Purpose of a Corporation would have you believe that they can be trusted to manage these types of scenarios. We should be cautious taking them at their word. History shows that even well-intentioned chief executives find it extraordinarily difficult to drive the required change in a system where the incentives endorse the status quo. And in some cases, regardless of how hard they might try, they do not have the ability to do so. The most lucid corporate purpose statement won’t save us here.
It is therefore noteworthy that the Business Roundtable has omitted the idea of accountability from its statement. If chief executive officers are serious about serving all stakeholders, how will they be held accountable?
Milton Friedman also had something to say about this. He believed that corporations should conform “to the basic rules of society, both those embodied in law and those embodied in ethical custom.” But more importantly, as laissez faire as he was, he acknowledged that there was a role for government to “enforce compliance” and hold those who don’t “play the game” accountable.
Arguably this is the most important piece of the puzzle. Strong public institutions that develop good policy and hold corporations accountable. It is also the piece that is currently missing.
The recent financial services Royal Commission was a demonstration of what can happen when boundaries are established but not enforced. In a recent speech delivered by Commissioner Kenneth Hayne, he asked us to “grapple closely” with what the seemingly endless calls for Royal Commissions in Australia “are telling us about the state of our democratic institutions.”
But more relevant to this essay, Commissioner Hayne also provided his view on purpose statements and industry codes in the Royal Commission’s final report. He labelled them as mere “public relations puffs”, proposing that the only way they can be effective is by making them enforceable:
“If industry codes are to be more than public relations puffs, the promises made must be made seriously. If they are made seriously (and those bound by the codes say that they are), the promises that are set out in the code … must be kept. This must entail that the promises can be enforced by those to whom the promises are made.”
To be sure, the stance taken by the Business Roundtable should be applauded. Their intentions are without question noble. But more powerful would be a description of how they are going to hold themselves accountable to the statement and create the conditions that deliver value for all their stakeholders over the long-term.
Of course, this exercise would reveal the costs (financial and otherwise) that are associated with being genuinely committed to positive outcomes for all stakeholders. For some chief executive officers, the price would be too high. And because, like all of us, chief executives have their limits, so too does self-regulation.
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The new rules of ethical design in tech

The new rules of ethical design in tech
Opinion + AnalysisBusiness + LeadershipScience + Technology
BY Matthew Beard The Ethics Centre 26 SEP 2019
This article was written for, and first published by Atlassian.
Because tech design is a human activity, and there’s no such thing as human behaviour without ethics.
One of my favourite memes for the last few years is This is Fine. It’s a picture of a dog sitting in a burning building with a cup of coffee. “This is fine,” the dog announces. “I’m okay with what’s happening. It’ll all turn out okay.” Then the dog takes a sip of coffee and melts into the fire.
Working in ethics and technology, I hear a lot of “This is fine.” The tech sector has built (and is building) processes and systems that exclude vulnerable users by designing “nudges” that influence users, users who end up making privacy concessions they probably shouldn’t. Or, designing by hardwiring preconceived notions of right and wrong into technologies that will shape millions of people’s lives.
But many won’t acknowledge they could have ethics problems.

This is partly because, like the dog, they don’t concede that the fire might actually burn them in the end. Lots of people working in tech are willing to admit that someone else has a problem with ethics, but they’re less likely to believe is that they themselves have an issue with ethics.
And I get it. Many times, people are building products that seem innocuous, fun, or practical. There’s nothing in there that makes us do a moral double-take.
The problem is, of course, that just because you’re not able to identify a problem doesn’t mean you won’t melt to death in the sixth frame of the comic. And there are issues you need to address in what you’re building, because tech design is a human activity, and there’s no such thing as human behaviour without ethics.
Your product probably already has ethical issues
To put it bluntly: if you think you don’t need to consider ethics in your design process because your product doesn’t generate any ethical issues, you’ve missed something. Maybe your product is still fine, but you can’t be sure unless you’ve taken the time to consider your product and stakeholders through an ethical lens.
Look at it this way: If you haven’t made sure there are no bugs or biases in your design, you haven’t been the best designer you could be. Ethics is no different – making people (and their products) the best they can be.
Take Pokémon Go, for example. It’s an awesome little mobile game that gives users the chance to feel like Pokémon trainers in the real world. And it’s a business success story, recording a profit of $3 billion at the end of 2018. But it’s exactly the kind of innocuous-seeming app most would think doesn’t have any ethical issues.
But it does. It distracted drivers, brought users to dangerous locations in the hopes of catching Pokémon, disrupted public infrastructure, didn’t seek the consent of the sites it included in the game, unintentionally excluded rural neighbourhoods (many populated by racial minorities), and released Pokémon in offensive locations (for instance, a poison gas Pokémon in the Holocaust Museum in Washington DC).
Quite a list, actually.
This is a shame, because all of this meant that Pokemon Go was not the best game it could be. And as designers, that’s the goal – to make something great. But something can’t be great unless it’s good, and that’s why designers need to think about ethics.
Here are a few things you can embed within your design processes to make sure you’re not going to burn to death, ethically speaking, when you finally launch.
1. Start with ethical pre-mortems
When something goes wrong with a product, we know it’s important to do a postmortem to make sure we don’t repeat the same mistakes. Postmortems happen all the time in ethics. A product is launched, a scandal erupts, and ethicists wind up as talking heads on the news discussing what went wrong.
As useful as postmortems are, they can also be ways of washing over negligent practices. When something goes wrong and a spokesperson says, “We’re going to look closely at what happened to make sure it doesn’t happen again.” I want to say, “Why didn’t you do that before you launched?” That’s what an ethical premortem does.
Sit down with your team and talk about what would make this product an ethical failure. Then work backwards to the root causes of that possible failure. How could you mitigate that risk? Can you reduce the risk enough to justify going forward with the project? Are your systems, processes and teams set up in a way that enables ethical issues to be identified and addressed?
Tech ethicist Shannon Vallor provides a list of handy premortem questions:
- How Could This Project Fail for Ethical Reasons?
- What Would be the Most Likely Combined Causes of Our Ethical Failure/Disaster?
- What Blind Spots Would Lead Us Into It?
- Why Would We Fail to Act?
- Why/How Would We Choose the Wrong Action?
What Systems/Processes/Checks/Failsafes Can We Put in Place to Reduce Failure Risk?
2. Ask the Death Star question
The book Rogue One: Catalyst tells the story of how the galactic empire managed to build the Death Star. The strategy was simple: take many subject matter experts and get them working in silos on small projects. With no team aware of what other teams were doing, only a few managers could make sense of what was actually being built.
Small teams, working in a limited role on a much larger project, with limited connection to the needs, goals, objectives or activities of other teams. Sound familiar? Siloing is a major source of ethical negligence. Teams whose workloads, incentives, and interests are limited to their particular contribution seldom can identify the downstream effects of their contribution, or what might happen when it’s combined with other work.
While it’s unlikely you’re secretly working for a Sith Lord, it’s still worth asking:
- What’s the big picture here? What am I actually helping to build?
- What contribution is my work making and are there ethical risks I might need to know about?
- Are there dual-use risks in this product that I should be designing against?
- If there are risks, are they worth it, given the potential benefits?
3. Get red teaming
Anyone who has worked in security will know that one of the best ways to know if a product is secure is to ask someone else to try to break it. We can use a similar concept for ethics. Once we’ve built something we think is great, ask some people to try to prove that it isn’t.
Red teams should ask:
- What are the ethical pressure points here?
- Have you made trade-offs between competing values/ideals? If so, have you made them in the right way?
- What happens if we widen the circle of possible users to include some people you may not have considered?
- Was this project one we should have taken on at all? (If you knew you were building the Death Star, it’s unlikely you could ever make it an ethical product. It’s a WMD.)
- Is your solution the only one? Is it the best one?
4. Decide what your product’s saying
Ever seen a toddler discover a new toy? Their first instinct is to test the limits of what they can do. They’re not asking What was the intention of the designer, they’re testing how the item can satisfy their needs, whatever they may be. In this case they chew it, throw it, paint with it, push it down a slide… a toddler can’t access the designer’s intention. The only prompts they have are those built into the product itself.
It’s easy to think about our products as though they’ll only be used in the way we want them to be used. In reality, though, technology design and usage is more like a two-way conversation than a set of instructions. Given this, it’s worth asking: if the user had no instructions on how to use this product, what would they infer purely from the design?
For example, we might infer from the hidden-away nature of some privacy settings on social media platforms that we shouldn’t tweak our privacy settings. Social platforms might say otherwise, but their design tells a different story. Imagine what your product would be saying to a user if you let it speak for itself.
This is doubly important, because your design is saying something. All technology is full of affordances – subtle prompts that invite the user to engage with it in some ways rather than others. They’re there whether you intend them to be or not, but if you’re not aware of what your design affords, you can’t know what messages the user might be receiving.
Design teams should ask:
- What could a infer from the design about how a product can/should be used?
- How do you want people to use this?
- How don’t you want people to use this?
- Do your design choices and affordances reflect these expectations?
- Are you unnecessarily preventing other legitimate uses of the technology?
5. Don’t forget to show your work
One of the (few) things I remember from my high school math classes is this: you get one mark for getting the right answer, but three marks for showing the working that led you there.
It’s also important for learning: if you don’t get the right answer, being able to interrogate your process is crucial (that’s what a post-mortem is).
For ethical design, the process of showing your work is about being willing to publicly defend the ethical decisions you’ve made. It’s a practical version of The Sunlight Test – where you test your intentions by asking if you’d do what you were doing if the whole world was watching.
Ask yourself (and your team):
- Are there any limitations to this product?
- What trade-offs have you made (e.g. between privacy and user-customisation)?
- Why did you build this product (what problems are you solving?)
- Does this product risk being misused? If so, what have you done to mitigate those risks?
- Are there any users who will have trouble using this product (for instance, people with disabilities)? If so, why can’t you fix this and why is it worth releasing the product, given it’s not universally accessible?
- How probable is it that the good and bad effects are likely to happen?
Ethics is an investment
I’m constantly amazed at how much money, time and personnel organisations are willing to invest in culture initiatives, wellbeing days and the like, but who haven’t spent a penny on ethics. There’s a general sense that if you’re a good person, then you’ll build ethical stuff, but the evidence overwhelmingly proves that’s not the case. Ethics needs to be something you invest in learning about, building resources and systems around, recruiting for, and incentivising.
It’s also something that needs to be engaged in for the right reasons. You can’t go into this process because you think it’s going to make you money or recruit the best people, because you’ll abandon it the second you find a more effective way to achieve those goals. A lot of the talk around ethics in technology at the moment has a particular flavour: anti-regulation. There is a hope that if companies are ethical, they can self-regulate.
I don’t see that as the role of ethics at all. Ethics can guide us toward making the best judgements about what’s right and what’s wrong. It can give us precision in our decisions, a language to explain why something is a problem, and a way of determining when something is truly excellent. But people also need justice: something to rely on if they’re the least powerful person in the room. Ethics has something to say here, but so do law and regulation.
If your organisation says they’re taking ethics seriously, ask them how open they are to accepting restraint and accountability. How much are they willing to invest in getting the systems right? Are they willing to sack their best performer if that person isn’t conducting themselves the way they should?
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Matt is a moral philosopher with a background in applied and military ethics. In 2016, Matt won the Australasian Association of Philosophy prize for media engagement. Formerly a fellow at The Ethics Centre, Matt is currently host on ABC’s Short & Curly podcast and the Vincent Fairfax Fellowship Program Director.

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MIT Media Lab: look at the money and morality behind the machine

MIT Media Lab: look at the money and morality behind the machine
Opinion + AnalysisBusiness + LeadershipScience + Technology
BY Matthew Beard 18 SEP 2019
When convicted sex offender, alleged sex trafficker and financier to the rich and famous Jeffrey Epstein was arrested and subsequently died in prison, there was a sense that some skeletons were about to come out of the closet.
However, few would have expected that the death of a well-connected, social high-flying predator would call into disrepute one of the world’s most reputable AI research labs. But this is 2019, so anything can happen. And happen it has.
Two weeks ago, New Yorker magazine’s Ronan Farrow reported that Joi Ito, the director of MIT’s prestigious Media Lab, which aims to “focus on the study, invention, and creative use of digital technologies to enhance the ways that people think, express, and communicate ideas, and explore new scientific frontiers,” had accepted $7.5 million in anonymous funding from Epstein, despite knowing MIT had him listed as a “disqualified donor” – presumably because of his previous convictions for sex offences.
Emails obtained by Farrow suggest Ito wrote to Epstein asking for funding to continue to pay staff salaries. Epstein allegedly procured donations from other philanthropists – including Bill Gates – for the Media Lab, but all record of Epstein’s involvement was scrubbed.
Since this has been made public, Ito – who lists one of his areas of expertise as “the ethics and governance of technology” – has resigned. The funding director who worked with Ito at MIT, Peter Cohen, now working at another university, has been placed on administrative leave. Staff at MIT Media Lab have resigned in protest and others are feeling deeply complicit, betrayed and disenchanted at what has transpired.
What happened at MIT’s Media Lab is an important case study in how the public conversation around the ethics of technology needs to expand to consider more than just the ethical character of systems themselves. We need to know who is building these systems, why they’re doing so and who is benefitting. In short, ethical considerations need to include a supply chain analysis of how the technology came to be created.
This is important is because technology ethics – especially AI ethics – is currently going through what political philosopher Annette Zimmerman calls a “gold rush”. A range of groups, including The Ethics Centre, are producing guides, white papers, codes, principles and frameworks to try to respond to the widespread need for rigorous, responsive AI ethics. Some of these parties genuinely want to solve the issues; others just want to be able to charge clients and have retail products ready to go. In either case, the underlying concern is that the kind of ethics that gets paid gets made.
For instance, funding is likely to dictate where the world’s best talent is recruited and what problems they’re asked to solve. Paying people to spend time thinking about these issues, providing the infrastructure for multidisciplinary (or in MIT Media Lab’s case, “anti disciplinary”) groups to collaborate is expensive. Those with money will have a much louder voice in public and social debates around AI ethics and have considerable power to shape the norms that will eventually shape the future.
This is not entirely new. Academic research – particularly in the sciences – has always been fraught. It often requires philanthropic support, and it’s easy to rationalise the choice to take this from morally questionable people and groups (and, indeed, the downright contemptible). Vox’s Kelsey Piper summarised the argument neatly: “Who would you rather have $5 million: Jeffrey Epstein, or a scientist who wants to use it for research? Presumably the scientist, right?”
What this argument misses, as Piper points out, is that when it comes to these kinds of donations, we want to know where they’re coming from. Just as we don’t want to consume coffee made by slave labour, we don’t want to chauffeured around by autonomous vehicles whose AI was paid for by money that helped boost the power and social standing of a predator.
More significantly, it matters that survivors of sexual violence – perhaps even Epstein’s own – might step into vehicles, knowingly or not, whose very existence stemmed from the crimes whose effects they now live with.
Paying attention to these concerns is simply about asking the same questions technology ethicists already ask in a different context. For instance, many already argue that the provenance of a tech product should be made transparent. In Ethical by Design: Principles for Good Technology, we argue that:
The complete history of artefacts and devices, including the identities of all those who have designed, manufactured, serviced and owned the item, should be freely available to any current owner, custodian or user of the device.
It’s a natural extension of this to apply the same requirements to the funding and ownership of tech products. We don’t just need to know who built them, perhaps we also need to know who paid for them to be built, and who is earning capital (financial or social) as a result.
AI and data ethics have recently focused on concerns around the unfair distribution of harms. It’s not enough, many argue, that an algorithm is beneficial 95% of the time, if the 5% who don’t benefit are all (for example) people with disabilities or from another disadvantaged, minority group. We can apply the same principle to the Epstein funding: if the moral costs of having AI funded by a repeated sex offender are borne by survivors of sexual violence, then this is an unacceptable distribution of risks.
MIT Media Lab, like other labs around the world, literally wants to design the future for all of us. It’s not unreasonable to demand that MIT Media Lab and other groups in the business of designing the future, design it on our terms – not those of a silent, anonymous philanthropist.
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The invisible middle: why middle managers aren't represented

The invisible middle: why middle managers aren’t represented
Opinion + AnalysisBusiness + Leadership
BY Cris Parker Cris 29 AUG 2019
The empty chair on stage was more than symbolic when The Banking and Finance Oath (BFO) was hosting a panel discussion on who holds the responsibility of culture within an organisation. In months of preparation, I had not found one middle manager who was willing or able to contribute to the discussion.
A chairman, director, CEO, HR specialist and a professor settled into their places, ready to give their opinions on the role they played in developing culture. The empty space at this event, three years ago, spoke volumes about the invisibility and voicelessness of those who have been promoted to manage others, but have little actual decision-making power.
Middle managers are often in the crossfire when it comes to apportioning blame for the failure to transform an organisation’s culture or to enact strategy. I have heard them derisively called “permafrost”, as if they are frozen into position and will only move with the application of a blowtorch.
“Culture Blockers” is another well-used epithet.
Middle managers are typically those people who head departments, business units, or who are project managers. It is their responsibility to implement the strategy that is imposed from above them and may have two management levels below them.
Over the past 20 years, the ranks of the middle managers have been slashed as organisations cut out unnecessary costs and aim towards flatter hierarchies. Those occupying the surviving positions may be characterised like this:
- They are often managing people for the first time and offered little training to deal with professional development, project management, time management and conflict resolution
- They may have been promoted because of their technical competence, rather than management ability
- Their management responsibilities may be added on top of what they were already doing before being promoted
- They have responsibility, but little formal authority
- They may have limited budget
- They are charged with enacting policy and embedding values, but may not be given the context or the “why”
- They have little autonomy or flexibility and may lack a sense of purpose.
All these characteristics make middle management a highly stressful position. Two large US studies found that people who work at this level are more likely to suffer depression (18 per cent of supervisors and managers) and had the lowest levels of job satisfaction.
“I don’t know any middle manager that feels like they’re doing a good job”, a middle manager recently told me.
However, the reason we need to pay attention to our middle managers is more than just concern for their welfare. Strategies and cultural change will fail if they are not supported and motivated. They are the custodians of culture and some would argue the creators, as people observe their behaviour as guidance for their own.
“We know what good looks like, but we’re not set up for success”, confided another middle manager.
Stanford University professor, Behnam Tabrizi, studied large-scale change and innovation efforts in 56 randomly selected companies and found that the 32 per cent that succeeded in their efforts could thank the involvement of their middle managers.
“In those cases, mid-level managers weren’t merely managing incremental change; they were leading it by working levers of power up, across and down in their organisations,” he wrote in the Harvard Business Review in 2016.
As more evidence that middle managers are intrinsic to a business’ success, Google founders Larry Page and Sergey Brin decided they could do without managers in the early days of the company in 2002. However, their experiment with a manager-less organisation only lasted a few months.
“They relented when too many people went directly to Page with questions about expense reports, interpersonal conflicts, and other nitty-gritty issues. And as the company grew, the founders soon realized that managers contributed in many other, important ways—for instance, by communicating strategy, helping employees prioritise projects, facilitating collaboration, supporting career development, and ensuring that processes and systems aligned with company goals,” wrote David Garvin, the C. Roland Christensen Professor at Harvard Business School.
With all of this in mind, you may think business leaders would now be seeking the views of their middle managers, to engage them in the cultural change required to regain public trust after the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and other recent scandals. But sadly, no.
Just this month at The BFO conference, I was again presenting a panel discussion on the plight of middle managers. Prior to the day, two of the middle management participants – despite one being nominated by a senior leader – were pulled and additionally, the discussion was ruled Chatham House with journalists being asked to leave the room. Although I saw a glimpse of positivity, my research leading up to the discussion would suggest very little has changed and this issue is not limited to financial services.
While senior leaders are working tirelessly to overcome challenges in this transitional time, part of the answer is right in front of them (well, below them) – their hard-working middle managers. But first, they have to make the effort to engage them with appreciation, seek their views with empathy, and involve them in the formulation of strategy.

This article was originally written for The Ethics Alliance. Find out more about this corporate membership program. Already a member? Log in to the membership portal for more content and tools here.
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