New framework for trust and legitimacy

New framework for trust and legitimacy
Opinion + AnalysisBusiness + Leadership
BY The Ethics Centre 17 AUG 2018
In our report The Trust, Legitimacy & the Ethical Foundations of the Market Economy, we outline why legitimacy is more important than trust to the success of Australian companies and must be underpinned by an ethical framework.
It’s a distinction between trust and legitimacy that must be understood by corporations today who are facing a precipitous decline in levels of public trust. Trust is wholly dependant on legitimacy, which can only be maintained when performance is linked to a legitimate purpose and guided by a core ethical framework. While trust in corporations, can be compensated for by increased surveillance, legitimacy once lost, cannot be recovered at any cost.
This report draws on philosophical thinking to identify a minimum threshold of four fundamental values and principles companies must meet to maintain legitimacy: respect people, do no harm, be responsible, and be transparent and honest.
Dr Simon Longstaff AO, The Ethics Centre’s Executive Director and co-author of the paper says “The privileges of incorporation and limited liability were justified by a broad appeal to the common good. If those privileges are to be preserved, then it may be time to establish a new, core ethical foundation for corporations.”
“This framework must enable agility and protect against the risks of poor decision-making. An alternative and complementary approach to more compliance is to establish a values and principles framework that guides rather than dictates decision-makers.”
The report includes threshold indicators for the four fundamental values and principles identified to help companies undertake a legitimacy self-assessment.
The full report can be accessed here: trustandlegitimacy.com.au
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Are diversity and inclusion the bedrock of a sound culture?

Are diversity and inclusion the bedrock of a sound culture?
Opinion + AnalysisBusiness + Leadership
BY Alison Woolsey The Ethics Centre 14 AUG 2018
We need to think about diversity in the workplace beyond gender, argues Alison Woolsey, Director of Diversity & Inclusion at Clayton Utz, a member of The Ethics Alliance.
In December 2017, Chartered Accountants Australia NZ, The Ethics Centre, Governance Institute of Australia, and Institute of Internal Auditors released a publication titled Managing Culture – A good practice guide.
Inspired by the discussion, I wondered how important the link between diversity and inclusion (“D&I”) and a sound culture in which ethical decision making is a given? Being able to point to clear evidence of a link could only advance the case for D&I in our organisations and help address any resistance to change.
A lot has changed in the Australian market. In spite of, and perhaps because of, the Hayne Royal Commission and its fallout, the connection is worth exploring. It’s a topic that has been investigated by others in the past – certainly with a gender diversity focus. For example:
- Professor Robert Wood of the University of Melbourne’s Centre for Ethical Leadership, summarised several articles and studies linking more women on boards and in senior management with improved risk management and corporate governance
- The above paper references a study which found Fortune 500 companies with a higher percentage of women on their board of directors were more likely to be on Ethisphere Institute’s list of the World’s Most Ethical Companies.
- ‘The Lehman Sisters Hypothesis’, a study that concludes empirical literature backs the claim “more gender diversity in finance, and particularly at the top would help to reduce some of the behavioural drivers behind the crises”.
A little less on point, but worth noting as it often comes up in gender diversity discussions, is John Gerzema and Michael D’Antonio’s 2013 book, The Athena Doctrine: How Women (and the Men Who Think Like Them) Will Rule the Future. It offered a global survey of 64,000 people and revealed that two thirds felt the “world would be a better place if men thought more like women”.
What I would like to focus on here, however, are two key and interrelated theses around diversity and inclusion and their role in driving workplace culture:
- Diverse teams drive better decision making.
- Inclusive workplaces inspire better team performance (as well as employee satisfaction, success and security).
If these theses hold true (and I consider each in more detail below), the unavoidable conclusion could be that D&I helps shape an organisation’s culture for the better, and will be increasingly valued – and even demanded – by boards and investors as corporate governance rules are strengthened and companies’ social licences to operate come under increased scrutiny.
Diversity is a trigger for better decision making
Much is written about the “value of diverse teams” and “diversity of thinking”. Many leaders and organisations use the expressions liberally when promoting their diversity policies. But do we really understand what these expressions mean?
In her book, Which Two Heads Are Better Than One, Australian author Juliet Bourke acknowledges the collective intelligence that diverse teams can offer, but debunks any theory that it’s easy to achieve through simple gender balance and diversity of background.
Bourke introduces several enablers of diversity of thinking. These include the composition of any group and the process they use to think and debate. Gender balance in a group, she says, “promotes psychological safety and more conversational turn-taking, thereby encouraging people to speak up, offer their views, and elaborate on the ideas of others”. Racial diversity “triggers curiosity, causing people to ask more questions, make fewer assumptions, listen more closely, and process information more deeply”. Age and geographic location also play a role.
In addition to this, we need to consider more direct factors – firstly, diversity of approach to problem solving. Bourke identifies six key individual approaches to problem solving but notes we tend to focus on two in particular. She says that by deliberately taking a more balanced approach, groups report they reduced blind spots and “were able to develop more robust solution” and moreover “followers report greater faith in the ultimate solution”.
The second direct influence on diversity of thinking comes from the mix of functional roles such as general counsel, chief risk officer, and chief HR officer. These executive positions expose members to different domains of knowledge and social networks, Bourke says.
This theory challenges the simplicity of the proposition that having women in a group mitigates risk. Australian academic Cordelia Fine similarly dismisses the existence of any gender gap in risk taking in her 2016 book, Testosterone Rex. So too does Elizabeth Sheedy, who concludes in a 2017 study that senior female bankers don’t conform to stereotypes and are just as ready to take risks.
This rich research linking gender diversity and improved business performance suggests organisations also need to consider a wider range of diversity forms beyond women to men ratios. When you begin to grasp the complexity of optimal diversity, you begin to realise the opportunities and value that teams can deliver or destroy.
Inclusion and workplace performance
Achieving the ideal diversity mix in any group is no mean feat. However, a group can still underperform if its members do not feel included.
According to the Diversity Council of Australia, inclusion occurs when a mix of people are respected, connected, progressing, and contributing to organisational success. Deloitte’s HR research body, Bersin, shows organisations with inclusive cultures are six times more likely to be innovative, anticipate change, and respond effectively, and twice as likely to meet or exceed financial targets.
We see evidence that inclusion is associated with being treated fairly and respectfully, being valued for one’s uniqueness and sensing group belonging. The Deloitte Inclusion Maturity Model identifies the highest level of inclusion as being when people report feeling both psychologically safe and inspired to do their best work. At a more granular level, this is about people feeling (or leaders encouraging people to feel) they can contribute in a meeting, have a voice in decisions affecting them, and can disagree or challenge group decisions.
Leaders are instrumental in creating a culture of inclusion. Diversity commentators and practitioners largely agree on a common set of leadership capabilities including being collaborative, accountable, open and curious, a champion of diversity, and relational. A big piece in the discussion on inclusive leadership is the importance of counteracting biases and assumptions in decision making. In recent years, not only have we seen a growing level of awareness of unconscious biases but also a push to explore practical ways (policies, processes and structures) to mitigate against them.
Positive traits of an inclusive leader include being particularly mindful of personal and cultural biases like confirmation bias and groupthink. Juliet Bourke also highlights the importance of leaders being cognisant of the situations and factors such as time pressures and fatigue which can cause them to be vulnerable to such biases.
As several authors have argued, there was potential for diversity of thinking and good decision making in the Enron board, but the decisions “concerned matters of high complexity, difficulty and moral uncertainty” and ultimately it succumbed to groupthink, says Bourke.
Does diversity and inclusion lead to sound culture?
If we have ideal diversity in a team and have cultivated inclusion through good leadership, does a sound organisational culture necessarily follow?
Logically, yes. We’ve canvassed positive outcomes such as good decision making, effective team work, psychological safety, and innovation. We’ve considered the impact of leaders being more open and curious, conscious of biases, and accountable. In both the Managing Culture paper and APRA’s report on the Commonwealth Bank, we see references to the need for improved behaviours of boards and senior leadership along the lines of these themes. If D&I doesn’t at least influence ethical behaviour or underpin the concept of an ethical framework, it would be easy to argue inclusive leadership can facilitate embedding an ethical framework.
McKinsey in its 2018 update suggests that, for many companies, D&I is a “matter of license to operate”. This is a theme at the heart of proposed changes to the ASX Corporate Governance Council’s Principles and Recommendations. In a substantial redraft of principle 3, the current words of “act ethically and responsibly” become “instil and continually reinforce a culture across the organisation of acting lawfully, ethically and in a socially responsible manner”. The ASX says that “preserving an entity’s social licence to operate requires the board and management of a listed entity to have regard to the views and interests of a broader range of stakeholders than just its security holders, including employees”. It goes on to suggest this may include, by way of example, “offering employment to people with disability or from socially disadvantaged groups in society”.
On one view this could be saying good culture drives greater levels of diversity, and not vice versa. What’s interesting though is the earlier editions of the Principles and Recommendations also included diversity under principle 3. It was then relocated in 2014 to Principle 1: “lay solid foundations for management and oversight”. In my view, D&I sits comfortably under both principles – a recognition of it being business critical but also critical for ‘good’ or ‘right’ decisions.
More reflection on the point may be required but I think investors and our regulators should care about what organisations are doing to make D&I a priority in the way they conduct business and as employers. D&I may be an undervalued lever to promote positive change in business behaviours and workplace cultures in Australia. The world’s largest asset manager BlackRock has identified board diversity as a “stewardship priority”. Larry Fink recently wrote in his annual letter to CEOs:
“We also will continue to emphasize the importance of a diverse board. Boards with a diverse mix of genders, ethnicities, career experiences, and ways of thinking have, as a result, a more diverse and aware mindset. They are less likely to succumb to groupthink or miss new threats to a company’s business model. And they are better able to identify opportunities that promote long-term growth.” – Larry Fink
It makes sense to continue to make the case for diversity and inclusion as being a driver of positive change – for business, and for the community.
Alison Woolsey is director of Diversity & Inclusion at Clayton Utz, a member of The Ethics Alliance.

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 do good people do bad things?

Why do good people do bad things?
Opinion + AnalysisBusiness + Leadership
BY Daniel Effron ethics 14 AUG 2018
Why do good people do bad things? When we know someone to be a fine and moral person in other respects, we are flabbergasted when they get caught for dodging their taxes, fiddling their expenses, or abusing their positions of power.
Social psychologist Daniel Effron says traditional assumptions about why good people transgress are “naive”.
We may think they go through a logical progression of weighing the costs and benefits. Can they get away with it? How much can they gain from cheating? How severe is the punishment?
“This is not nuanced enough”, counters Effron.
“In fact, the average person cares a lot about feeling – and appearing – virtuous.”
Rather than asking themselves if they can get away with it, they instead ask if they can do it without feeling like a bad person, says Effron, Associate Professor of Organisational Behaviour at the London Business School.
Effron’s research examines how people act in ethically questionable ways without feeling unethical. He was speaking an Ethics Alliance panel on Embedding Values & Principles in June.
People cheat less than they can get away with
Experiments which involve people rolling a die in private, where no one can see them, find that people cheat (but only a little bit) when they are told the higher the number they roll, the more money they will get.
“They want to get something good for themselves, even if it means being dishonest, but they don’t want to feel like a terrible human being, so they don’t cheat as much as they could”, says Effron.
This finding implies that monitoring an organisation to ensure no one is dishonest can be a very costly and impractical exercise. Netflix, instead, decided to stop policing its expense reports.
Former Netflix chief talent officer Patty McCord explains, “In talking that through with employees, we said we expected them to spend company money frugally, as if it were their own. Eliminating a formal policy and forgoing expense account police shifted responsibility to frontline managers, where it belongs.
“It also reduced costs: Many large companies still use travel agents (and pay their fees) to book trips, as a way to enforce travel policies. They could save money by letting employees book their own trips online”, McCord writes in the Harvard Business Review.
People cheat more if they can maintain a positive self view
Effron says his research shows people look to their moral track records, to spot evidence they are a good person.
If they can point to some good deeds, they feel they have some “moral credentials”, or moral licence, when they engage in “ambiguous behaviours”.
For instance, a study shows that when people express a preference to buy environmentally friendly products (which makes them feel more ethical) they are also more likely to lie, cheat, and steal money from the experimenter.
Effron says this implies it may be effective for organisations to remind people of their ethical commitments. “When people make public commitments, they feel obligated to follow through with them”, he says.
It does not work so well just to emphasise the good things people have done. “If you emphasise ethical achievements, people feel they have ticked the box and they may be more likely to relax their striving for ethical goals.”
People cheat less when ethics are top of mind
People may know where the ethical “line in the sand is” but, as they edge closer, the line fades and, whoops, before they know it, they find themselves on the other side.
“What can we do to stop this ethical fading? Keep ethics top of mind” – Daniel Effron
A study at the London Business School finds people are more honest in filling out forms if they have to sign at the top that everything they are about to say is true, rather than signing at the bottom that everything they just said is true.
This is because they have been prompted to think about ethics before they give their answers, rather than afterwards.
This suggests organisations should routinely discuss ethics in decision making, with reminders in the workplace to keep ethics top of mind.
People may admit the deed, but not the motivation
The executive director of Corruption Prevention at the Independent Commission Against Corruption (ICAC) Lewis Rangott, says people rarely see themselves as immoral.
Very few people will admit they have been “the bad guy”, says Rangott, speaking at the Ethics Alliance event in Sydney.
“We will put them in the box, they will have to swear on the Bible and we will show them the evidence of them engaging in criminal behaviour – like a film or video – and eventually, they will admit to the deed, but very rarely will they admit to the corrupt intent. They always have a little excuse for themselves”, says Rangott.
“Giving yourself this little mental permission slip, even for the very serious stuff, seems to have something in common with regular dishonesty and also very serious misconduct and white collar crime.”
Rangott says that while the threat of an ICAC investigation may be a useful tactic to keep people honest, fear is the wrong motivation for the right behaviour. People should be intrinsically motivated to do the right thing.
Organisations can use workplace stories to encourage honesty and integrity. When someone gets fired for bullying, or the CEO thanks a whistleblower in public, that gives people the right role-modelling.
“A nice cheap and easy way to get ethics in your organisation is, without faking it, get some of these stories going in your organisation. Something people will talk about in the pub is where the real embedding happens”, says Rangott.
However, all the time, money and effort spent on embedding values gets sucked down the drain as soon as a “jerk” gets promoted. “You have to be careful who you promote. People are so good at spotting the tiniest bit of hypocrisy.”

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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This tool will help you make good decisions

This tool will help you make good decisions
Opinion + AnalysisBusiness + Leadership
BY The Ethics Alliance 13 AUG 2018
The Ethics Centre has developed an online Quality Decision Making tool, due to be launched to Ethics Alliance members by the end of this year, to guide and support quality decision making for any member of an organisation.
Co-head of advice and education, John Neil, explains how the tool will help you in your business:
1. What is the Quality Decision Making tool?
The online platform guides users through a framework for ethical decision making, especially when those decisions are challenging and difficult. It provides personal insight, knowledge, awareness, case studies, tips, and hacks.
Ethics Alliance members are invited to be part of the testing and refining of the platform before its full roll out in November. Funded by The Ethics Centre, it has been custom designed for our corporate Alliance members and will be made available to all employees of Alliance members.
2. What kind of decisions can the tool tackle?
The platform is designed for difficult decisions – personal or professional – where there is no clear right or wrong answer. It will help discern:
• What is important
• What is at stake
• What matters most
• Who is involved
• Impacts and implications
• Possible options
• How to evaluate options
• What principles might apply to assess options
While helping solve a specific dilemma, the platform helps users develop core decision making capabilities, such as intention, context mapping, judgement, bias minimisation, root cause analysis, innovation, communication, wisdom, and courage.
3. What is the process like?
It takes about 45 minutes for first time users and, after that, return users will spend around 10 to 20 minutes on specific decision making challenges.
4. What is unique about this platform?
There are a number of decision making tools on the market, ranging from apps to analogue models, however the Quality Decision Making Platform is the first of its kind to combine skills development with help to make specific decisions.
5. Can you give me a scenario where it would help?
Troublesome rainmaker: You are a line manager in the finance sector. One of your key staff is excellent at her job and generates a lot of income for the company – no other team member comes close to her results. She has rejected overtures from competitor companies, much to your relief because your department is heavily reliant upon her abilities and your bonuses depend on your department’s profitability. Unfortunately, she has also been reported to HR and you about repeated inappropriate behaviour. What should you do?
Disaster warning: You work for the director of human resources and have access to confidential information about a coming restructure, including the names of those about to be made redundant.
At lunch, a colleague mentions her boss is about to take on a heavy debt to buy a new house, in preparation for the birth of his third child. You know that man is about to be made redundant. What should you do?

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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The Ethics Alliance is a community of organisations sharing insights and learning together, to find a better way of doing business. The Alliance is an initiative of The Ethics Centre.
Banks now have an incentive to change

Banks now have an incentive to change
Opinion + AnalysisBusiness + Leadership
BY The Ethics Alliance 13 AUG 2018
Pay for performance has earned itself a nasty reputation. During shocking revelations from the Hayne Royal Commission, bonuses and commissions linked to sales volumes have been blamed for driving all sorts of unethical and criminal behaviour.
To meet targets and get their bonuses and commissions, employees have charged fees for no service, inappropriately opened bank accounts for children, accepted bribes to approve mortgages, forged signatures, and sold people into loans and investments they could not afford.
All this was foreseeable. The conflicts of interest in tying financial rewards to sales targets have been well researched and documented over the past 50 years.
Yet, corporate leaders chose to stick with a system that rewards people for the volume they sell – sometimes even prioritising the riskier and more profitable investments – rather than the quality of the service they offer.
During the Royal Commission hearings, some banks pledged to remove “conflicted commissions” for their financial planners and restructure incentives for other staff, such as call centre workers. However, they have not always been receptive to the news that their rewards programs may be driving unethical behaviours.
Shaun McCarthy is an authority on organisational culture and chair of consultancy Human Synergistics. He says banks have given him short shrift in the past when he has warned about the conflicts of interest inherent in their incentive programs.
“I can talk to them until I am blue in the face about the unintended consequences but, if revenue is going up and profit is going up, they are not interested”, he says.
“They basically tell me to bugger off because they think their current success is a consequence of [their structures and processes]”, he says. “It is a misattribution of success.”
McCarthy says financial rewards for performance have a place in business, but they must balance with goals for customer service, feedback, repeat business, relationship management and other factors.
Human Synergistics’ research shows 32 variables influence organisational culture – and goalsetting comprises only four of them.
“They have to look at how people are managed through the entire system of the organisation to change the culture – not just get rid of the sales goals or whatever it might be”, says McCarthy.
“I have had banks tell me over the years that they need to have those aggressive cultures to compete in the marketplace, which means they simply do not understand the process – and they are learning it the hard way now”, he says, referring to the Banking Royal Commission.
Corporate leaders are often loath to change their incentive programs for fear star performers will leave and profits will suffer.
McCarthy urges them to hold their nerve. “The reward will be in the long term. You don’t necessarily have to get rid of the incentives, you don’t need to get rid of the goals, you just need to change what they are and how they are managed.”
Jon Williams has 30 years of experience helping businesses connect their people to their business results and has seen first-hand what can happen when individual rewards for performance are scrapped in favour of group rewards.
In his case, the result was an improvement in collaborative behaviour, without damage to business growth. Williams recently left professional services firm PwC, where he was global leader of people and organisation, to launch his consultancy, Fifth Frame.
A few years ago, when integrating two teams into one team of 20 executives, Williams decided to spread the bonus pool equally across all team members, regardless of individual performances.
“I knew that having them effectively compete for bonuses would drive behaviour counter to the aim of creating one new collaborating team.” – Jon Williams
Previously, only 30 percent of those executives – the highest performers – were offered bonuses, funded through the success of the business.
Under the new structure, the highest performers would earn a smaller bonus, while the remaining 70 percent of the team were awarded a share of the bonus pool for the first time.
The business performed well, providing an attractive bonus to all members. However, three months before the end of the financial year, one of the executives explained his results had not been strong, and it would be okay if he received no bonus that year.
“He was treating the relationship with the organisation and his team as a financial one”, says Williams, whose reply was, “No, you are in the team and you’ll get the same bonus as everyone else, and you need to be able look your colleagues in the eye and know you tried your best to deserve it’.”
“Instead of dropping off for the rest of the year, he redoubled his efforts”, says Williams.
“His team’s numbers didn’t actually get any better, but they threw his and their efforts into helping others who were busy and needed support.
“We had retained the incentives to make sure the team was paid fairly for their performance, but we had managed to maintain a social contract between the execs and each other and the company which resulted in better corporate behaviours and performance”, says Williams.
There are other motivations, apart from money, for doing good work, says Williams. Pride, ego, work ethic, long term aspirations, and competitive drive are some of them.
The vast majority of the Australian working population get themselves to work and perform their duties without being offered an extra incentive above their fixed salary.
Behavioural strategist Warren Kennaugh says employers need to accept that not everyone is motivated by money.
“Extrinsic motivators, such as money, aren’t as powerful as intrinsic motivators [such as pride].” – Warren Kennaugh
CEOs are often commercially oriented and believe that everyone else is too. “It is a problem that gets us into trouble because it sets simplistic behaviours”, says Kennaugh, who works with corporate leaders and elite athletes.
Using money as a reward can even make an enjoyable job feel like a chore, according to a meta-analysis of 128 controlled experiments by US Psychology professor Edward Deci and colleagues.
For every increase in reward, intrinsic motivation for interesting tasks declines by 25 percent and, when subjects know in advance how much extra money they will receive, intrinsic motivation decreases by 36 percent. (There is an argument that monetary rewards can increase motivation for boring tasks.)
“[Financial incentives] reduced creativity, diminished results, foster bad behaviour, inhibit good behaviour, and cost the business more to maintain,” says Kennaugh.
McCarthy says a badly structured incentives program will set employees against each other into a competition for the “prize money”.
“Because the message they take away from that [structure] is that it is not so much how you perform, but how you compare that counts.
“So now, people are focused on a competition, which requires people to win and lose.” You achieve the goal to win and create losers by not sharing information with them, he says.
Kennaugh says efforts to restructure incentive programs have to meet the “fairness test”.
A 2012 global study by PwC and the London School of Economics and Political Science finds “… executives are content as long as they are paid what they consider to be ‘fair’ within the hierarchy of their own company, and comparably against those on a similar level in competitor companies, to the extent that it almost becomes irrelevant how much they are paid”.
Employees will punish employers if they feel short changed, says Kennaugh.
“When it is review or bonus time, I am reflecting on every Sunday night that I left home to fly somewhere, every birthday party I didn’t get to, every State of Origin game I didn’t get to see and I’m not sure I have got a figure, but I have an emotional amount that, in my mind, that is what it has all been worth.
“The moment that I am not [paid fairly], I will go on some form of private strike”, he says. “And the dilemma of organisations is that they don’t own the fairness test.”
When the New Jersey police force won less than officers wanted in salary negotiations, arrest rates and average sentence length declined – indicating that police were putting in less discretionary effort.
“For a period of about 18 months after collective bargaining, the cops went on strike”, says Kennaugh.
This is a warning that employers must tread carefully when restructuring their financial incentive programs – especially when some people will be disadvantaged by those changes.
Employers should try to implement the changes in stages and think about how to deal with the fallout.
“I’d be concerned about the implications about how people are likely to manage it and retaliate. If I’ve been getting it and [I feel] it is an earned right, what are you going to give me to compensate?”

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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The Royal Commission has forced us to ask, what is business good for?

The Royal Commission has forced us to ask, what is business good for?
Opinion + AnalysisBusiness + Leadership
BY The Ethics Alliance The Ethics Centre 13 AUG 2018
AMP Capital was applauded last year when it committed to selling $600 million worth of shares that did not meet its ethical guidelines. However, barely a year after announcing it was getting rid of its direct and indirect interests in tobacco and landmines, AMP was itself ejected into a basket of “untouchables”.
Australian Ethical announced in May it was divesting itself of AMP shares in the wake of searing revelations from the Financial Services Royal Commission.
Billions of dollars were wiped from the value of AMP after the public and investors discovered the wealth manager charged “fees for no service” and steered people into investments that rewarded their financial planners, at the expense of the clients.
Head of ethics research at Australian Ethical, Dr Stuart Palmer, says there were a number of reasons behind the decision to divest, “… but specifically, a senior decision made within the financial planning business to charge clients fees for services they weren’t receiving. They knew it was wrong, they knew it was illegal.
“There were people in the business saying we need to stop doing this, and they kept doing it at a senior level”, he says.
The Royal Commission into Financial Services has been exposing the rot eating away at some of our biggest and most powerful corporations and has reenergised an ongoing debate about what is the actual purpose of business and who it serves.
Palmer says legal cases in the US established shareholder primacy a century ago, with the primary responsibility of business interpreted as creating profits for shareholders.
“Since then, and before then, there has been a debate about whether that is right, whether there are other ways of thinking about corporations having independent interests and responsibilities to all their stakeholders, including shareholders, but also employees, customers, suppliers and society”, says Palmer.
“None is necessarily dominant over the others, but they need to be balanced in the interests of all.”
This discussion about the role of the corporation is being weighed up at all levels, including by the chairman of NAB, Ken Henry, who delivered a speech in March saying that it was not enough for companies to use the “pursuit of profit” to explain away their contribution to negative consequences, such as greenhouse gas emissions and other forms of pollution.
“If that’s the best we can do, then we shouldn’t wonder that we find it so difficult to occupy positions of trust and respect in society. Neither should we wonder that politicians of all political colours have such an uneasy relationship with us”, he told a gathering of the Australian Institute of Company Directors.
This was a debate that the Commonwealth Bank non-executive director, Harrison Young, was alluding to when he wrote last year, “banks should not be profit-maximising institutions. They have duties to the community that oblige them to forego a certain amount of upside”.
Judith Fox, the CEO of the Australian Shareholders Association, says she is aware of increasing numbers of companies and boards having this discussion.
“I’m seeing a lot of conversations that ultimately are all about how something needs to change in the way we operate”, she says.
“I think we are one of those transition periods where there has been a social norm that the purpose of a company is shareholder return and that has been accepted in markets worldwide for four decades”, she says, adding the realisation that companies should stand for more than just profits may come as a surprise to people whose knowledge of economics does not extend further back than US economist Milton Friedman’s pronouncement in 1962 that there is only one social responsibility of business and that is to make money.
Friedman wrote in Capitalism and Freedom:
“There is one and only one social responsibility of business – to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.”
Fox says the current debate about the role of the corporation is a return to the concept, popular in the 1930s – that business had a social role to play as well.
Professor of Human Rights Law at Sydney University, David Kinley, agrees that many people’s attitudes are formed by what they have experienced in the past 20 years.
“It is what they have seen since the 80s, which has been a long – until 2008 [the start of the Global Financial crisis] – largely uninterrupted boom period.”
Kinley says Scottish economist and philosopher Adam Smith would be horrified to see the societal cost of rampant free marketeers.
Smith had written in The Wealth of Nations, nearly 250 years ago:
“… that individual acts of economic self-interest combine, through the ‘invisible hand’ of market forces, to further the best interests of society at large”.
Says Kinley, “So, he certainly would be turning in his grave to see all this wealth, so much of it is now concentrated in the hands of the few. Yes, we are better off than we were 200 years ago. Unquestionably. But by God, it’s been at a big cost to the notions of equity and fairness.
“And [investor] Warren Buffett says often – and he is the second richest man in the world – he said he is amazed there are not more people with pitchforks heading for the rich like him because he can’t see how they don’t appreciate this appalling inequality.”
Kinley, author of Necessary Evil: How to Fix Finance by Saving Human Rights, says he is not advocating some sort of Socialist revolution, but remaking the “financial, commercial, corporate neoliberal system that we now have one that works better for people as a whole”.
“If you don’t do that, you have a bubbling up of disquiet, of resentment, that no matter what happens – even things like the global financial crisis – the rich, the powerful, the banking, the financial system, they sail through it, on the back of public funds that bailed them out because they had to be saved. When people ordinary people look at that, they say, ‘How is that fair?’.
“So you get the reaction of, ‘Well, let’s vote in somebody who is willing to drain the swamp, you know, shake up the area and I don’t care if he’s mad or narcissistic or a nincompoop. You put him in there in the White House and just see what happens.’
“These sorts of reactions are almost desperation. I don’t think they are logical, I don’t think they are at all laudable, but you see why people are doing it.”
While there is evidence ethical investments outperform the average large-cap Australian share funds over three, five and 10 year time horizons, Kinley maintains corporations and their executives should be ethical because it is the right thing to do, not because it might make them money.
“What I would suggest what all of us want to do in the morning, truly, is to stand in front of the mirror as you’re brushing your teeth and say, ‘I’m proud of what I do or at least I can see why I do what I do and it is something that is worthwhile’.
“You don’t want to look in the mirror and think, ‘Oh I’m making a lot of dosh, but Geez it is dodgy’.”

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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So your boss installed CCTV cameras

So your boss installed CCTV cameras
Opinion + AnalysisBusiness + LeadershipRelationships
BY The Ethics Centre 28 JUN 2018
Meet Sophie. As the Head of Human Resources in her organisation, she begins to doubt the integrity of her management team when CCTV cameras are installed throughout her workplace with little warning. Sophie has made an appointment to speak with an Ethi-call counsellor.
In what follows, a highly trained counsellor responds to a fictional yet typical dilemma faced by callers who use The Ethics Centre’s free helpline, Ethi-call. Please note, this is not a substitute for an Ethi-call counselling session. It will give you an idea of what to expect if you ever need to use the service.
The counselling session
Sophie: I’ve never come across a situation like this in my 20 years as a HR professional. We are on the edge of a culture crisis and I’m not sure who I can trust.
Recently, a staff member was verbally assaulted by a trespasser on business premises outside of business hours. The victim felt it wasn’t serious enough to warrant legal intervention but he agreed with our workplace it wasn’t harmless enough to shrug off. Wishing to be seen as responsive to the event, management responded without my consultation by installing CCTV cameras inside and outside the office. Their reaction was quick and they did not have a specific policy to guide the decision. Staff arrived at work on Monday to find cameras on the premises without any explanation.
Ethi-call: As head of HR, how does your role fit within your organisation?
I look after the people in the organisation by implementing the HR policies of the business under the direction of general management. I’m a go to person for employees with workplace issues, advocating for staff in situations where they’ve been taken advantage of. I’m trusted by my peers. I’m the messenger for management, but most decisions I share are not mine and at times I even disagree with them. I’ve worked hard to build a culture of transparency and an environment where all staff can speak up.
Ethi-call: What’s the purpose and values of your organisation?
We exist for our customers and shareholders. We value honesty, safety, innovation, and recognition. But I feel the management team has traded honesty for safety in their latest decision.
Ethi-call: In your industry and HR, are there professional standards or a professional body that might be of relevance to this situation?
Yes, there is the Australian HR Institute, which has a professional code of ethics and professional conduct, plus my organisation also has a national peak body. I’ve phoned because it states I should lead others by modelling competent and ethical behaviour but in this situation I’m not sure what that is.
Ethi-call: What obligations do organisations have in relation to employee safety and privacy and where does your organisation fit?
Our privacy policy meets accepted industry standards. People know we can access their emails at any time and activity on our network isn’t private. People are aware about some privacy compromises. That being said, it’s certainly not an expressed part of company policy that we can film and monitor staff in the office.
As for safety, we have a duty of care to our employees and follow required WHS measures. It’s our responsibility to provide a safe workplace.
Ethi-call: Are you aware of any other organisations who have installed CCTV cameras in this way? What did they do?
This is part of the problem. I’m not sure of any business in this industry who has installed cameras in this way. It’s not like we’re a retail or security focused business. I need to seek advice from industry representatives. Maybe even a lawyer….
I want to believe the management team have our best interests at heart but now I’m not sure. Usually when there are big changes in our organisation, we consult with our staff and bring them on the journey with us.
To make matters worse, recent discussions about staff redundancies in the new financial year have leaked through the organisation.
Ethi-call: How would you describe your relationships with staff?
Staff trust me and I’m glad they do. I value the people around me, because without them the organisation would not exist. But I don’t feel comfortable being the mouthpiece for a management team whose motives in installing the cameras may be more sinister.
Ethi-call: What do you normally do when you don’t agree with the decisions of the management team?
Sometimes I speak up and sometimes I don’t. I draw on my HR expertise and my position in the organisation which helps me facilitate open conversations.
I thought we had a culture of transparency and consultation so I’m shocked I wasn’t consulted before this decision was made. Clearly this has implications on staff and my role as a leader in their HR team, given its potential to negatively impact the organisation and our culture. Maybe they thought they were doing the right thing, but it feels like they might be using the assault as an excuse to monitor employees disingenuously.
Ethi-call: You’ve said staff rumours are fearing the cameras will be used for more than security. Do you know for a fact if the cameras will be used for the staff review?
I don’t know this for sure. I completely understand everyone’s concerns though. My gut tells me they might be right. A while back, some employees had their emails audited to support the termination of their contracts. So, while I’m making assumptions at this point, I can’t help but think management has a history of using data in a way that undermines fairness in the workplace. But it’s just not clear yet if a lack of transparency in this instance mean questionable or bad intentions.
Ethi-call: So, what do you think is the purpose of security camera’s in an organisation?
I’ve been told the purpose is to protect the assets of the business, be it staff or equipment. This is a good thing, clearly, but there should be a clear privacy policy around access and use of recordings. It’s also very important the company be transparent when introducing new security measures – like cameras – into the workplace.
So what did Sophie take away from the call?
The conversation with the Ethi-call counsellor made me better understand my professional identity and what values I want to uphold – both within the organisation and in my profession. I have promised to engage and support the staff, but I feel I need to do a little bit more research on this and seek the advice of a trusted advisor before I act.
I feel strongly that if I want to maintain my professional integrity and the trust of my colleagues I can’t sit back and do nothing. I also expect the management team to live the values of the organisation as well and I should be courageous enough to have this conversation with them too.
Ethi-call is a free national helpline available to everyone. Operating for over 25 year, and delivered by highly trained counsellors, Ethi-callis the only service of its kind in the world. Book your appointment here.
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Ethics Explainer: Universal Basic Income

Ethics Explainer: Universal Basic Income
ExplainerBusiness + LeadershipPolitics + Human Rights
BY The Ethics Centre 21 MAY 2018
The idea of a UBI isn’t new. In fact, it has deep historical roots.
In Thomas More’s Utopia, published in 1516, he writes that instead of punishing a poor person who steals bread, “it would be far more to the point to provide everyone with some means of livelihood, so that nobody’s under the frightful necessity of becoming, first a thief, and then a corpse”.
Over three hundred years later, John Stuart Mill also supported the concept in Principles of Political Economy, arguing that “a certain minimum [income] assigned for subsistence of every member of the community, whether capable of labour or not” would give the poor an opportunity to lift themselves out of poverty.
In the 20th century, the UBI gained support from a diverse array of thinkers for very different reasons. Martin Luther King, for instance, saw a guaranteed payment as a way to uphold human rights in the face of poverty, while Milton Friedman understood it as a viable economic alternative to state welfare.
Would a UBI encourage laziness?
Yet, there has always been strong opposition to implementing basic income schemes. The most common argument is that receiving money for nothing undermines work ethic and encourages laziness. There are also concerns that many will use their basic income to support drug and alcohol addiction.
However, the only successfully implemented basic income scheme has shown these fears might be unfounded. In the 1980s, Alaska implemented a guaranteed income for long term residents as a way to efficiently distribute dividends from a commodity boom. A recent study of the scheme found full-time employment has not changed at all since it was introduced and the number of Alaskans working part-time has increased.
The success of this scheme has inspired other pilot projects in Kenya, Scotland, Uganda, the Netherlands, and the United States.
The rise of the robots
The growing fear that robots are going to take most of our jobs over the next few decades has added an extra urgency to the conversation around UBI. A number of leading technologists, including Elon Musk, Mark Zuckerberg, and Bill Gates, have suggested some form of basic income might be necessary to alleviate the effects of unemployment caused by automation.
In his bestselling book Rise of the Robots, Martin Ford argues that a basic income is the only way to stimulate the economy in an automated world. If we don’t distribute the abundant wealth generated by machines, he says, then there will be no one to buy the goods that are being manufactured, which will ultimately lead to a crisis in the capitalist economic model.
In their book Inventing the Future, Nick Srnicek and Alex Williams agree that full automation will bring about a crisis in capitalism but see this as a good thing. Instead of using UBI as a way to save this economic system, the unconditional payment can be seen as a step towards implementing a socialist method of wealth distribution.
The future of work
Srnicek and Williams also claim that UBI would not only be a political and economic transformation, but a revolution of the spirit. Guaranteed payment, they say, will give the majority of humans, for the first time in history, the capacity to choose what to do with their time, to think deeply about their values, and to experiment with how to live their lives.
Bertrand Russell made a similar argument in his famous treatise on work, In Praise of Idleness. He writes that in a world where no one is compelled to work all day for wages, all will be able to think deeply about what it is they want to do with their lives and then pursue it. For many, he says, this idea is scary because we have become dependent on paid jobs to give us a sense of value and purpose.
So, while many of the debates about UBI take place between economists, it is possible that the greatest obstacle to its implementation is existential.
A basic payment might provide us with the material conditions to live comfortably, but with this comes the confounding task of re-thinking what it is that gives our lives meaning.
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Is it ok to use data for good?

Is it ok to use data for good?
Opinion + AnalysisBusiness + LeadershipScience + Technology
BY Adam Piovarchy The Ethics Centre 7 MAY 2018
You are nudged when your power bill says most people in your neighbourhood pay on time. When your traffic fine spells out exactly how the speed limits are set, you are nudged again.
And, if you strap on a Fitbit or set your watch forward by five minutes so you don’t miss your morning bus, you are nudging yourself.
“Nudging” is what people, businesses, and governments do to encourage us to make choices that are in our own best interests. It is the application of behavioural science, political theory and economics and often involves redesigning the communications and systems around us to take into account human biases and motivations – so that doing the “right thing” occurs by default.
The UK, for example, is considering encouraging organ donation by changing its system of consent to an “opt out”. This means when people die, their organs could be available for harvest, unless they have explicitly refused permission.
Governments around the world are using their own “nudge units” to improve the effectiveness of programs, without having to resort to a “carrot and stick” approach of expensive incentives or heavier penalties. Successes include raising tax collection, reducing speeding, cutting hospital waiting times, and maintaining children’s motivation at school.
Despite the wins, critics ask if manipulating people’s behaviour in this way is unethical. Answering this question depends on the definition of nudging, who is doing it, if you agree with their perception of the “right thing” and whether it is a benevolent intervention.
Harvard law professor Cass Sunstein (who co-wrote the influential book Nudge with Nobel prize winner and economist Professor Richard Thaler) lays out the arguments in a paper about misconceptions.
Sunstein writes in the abstract:
“Some people believe that nudges are an insult to human agency; that nudges are based on excessive trust in government; that nudges are covert; that nudges are manipulative; that nudges exploit behavioural biases; that nudges depend on a belief that human beings are irrational; and that nudges work only at the margins and cannot accomplish much.
These are misconceptions. Nudges always respect, and often promote, human agency; because nudges insist on preserving freedom of choice, they do not put excessive trust in government; nudges are generally transparent rather than covert or forms of manipulation; many nudges are educative, and even when they are not, they tend to make life simpler and more navigable; and some nudges have quite large impacts.”
However, not all of those using the psychology of nudging have Sunstein’s high principles.
Thaler, one of the founders of behavioural economics, has “called out” some organisations that have not taken to heart his “nudge for good” motto. In one article, he highlights The Times newspaper free subscription, which required 15 days notice and a phone call to Britain in business hours to cancel an automatic transfer to a paid subscription.
“…that deal qualifies as a nudge that violates all three of my guiding principles: The offer was misleading, not transparent; opting out was cumbersome; and the entire package did not seem to be in the best interest of a potential subscriber, as opposed to the publisher”, wrote Thaler in The New York Times in 2015.
“Nudging for evil”, as he calls it, may involve retailers requiring buyers to opt out of paying for insurance they don’t need or supermarkets putting lollies at toddler eye height.
Thaler and Sunstein’s book inspired the British Government to set up a “nudge unit” in 2010. A social purpose company, the Behavioural Insights Team (BIT), was spun out of that unit and is now is working internationally, mostly in the public sector. In Australia, it is working with the State Governments of Victoria, New South Wales, Western Australia, Tasmania, and South Australia. There is also an office in Wellington, New Zealand.
BIT is jointly owned by the UK Government, Nesta (the innovation charity), and its employees.
Projects in Australia include:
Increasing flexible working: Changing the default core working hours in online calendars to encourage people to arrive at work outside peak hours. With other measures, this raised flexible working in a NSW government department by seven percentage points.
Reducing domestic violence: Simplifying court forms and sending SMS reminders to defendants to increase court attendance rates.
Supporting the ethical development of teenagers: Partnering with the Vincent Fairfax Foundation to design and deliver a program of work that will encourage better online behaviour in young people.
Senior advisor in the Sydney BIT office, Edward Bradon, says there are a number of ethical tests that projects have to pass before BIT agrees to work on them.
“The first question we ask is, is this thing we are trying to nudge in a person’s own long term interests? We try to make sure it always is. We work exclusively on social impact questions.”
Braden says there have been “a dozen” situations where the benefit has been unclear and BIT has “shied away” from accepting the project.
BIT also has an external ethics advisor and publishes regular reports on the results of its research trials. While it has done some work in the corporate and NGO (non-government organisation) sectors, the majority of BIT’s work is in partnership with governments.
Braden says that nudges do not have to be covert to be effective and that education alone is not enough to get people to do the right thing. Even expert ethicists will still make the wrong choices.
Research into the library habits of ethics professors shows they are just as likely to fail to return a book as professors from other disciplines. “It is sort of depressing in one sense”, Braden says.
If you want to hear more behavioural insights please join the Ethics Alliance events in either Brisbane, Sydney or Melbourne. Alliance members’ registrations are free.
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6 Myths about diversity for employers to watch

6 Myths about diversity for employers to watch
Opinion + AnalysisBusiness + Leadership
BY The Ethics Alliance The Ethics Centre 7 MAY 2018
Employers can play a role in countering backlash attitudes to gender equality by making the case for why it is good for employees and good for the organisation.
Sociologist, Dr Michael Flood, says much of the opposition to diversity programs is based on misunderstandings, such as the following common myths:
If women win, men lose.
“There is a misperception that it is a zero sum game – that any gains for women at work necessarily involve losses for men”, he says.
Men’s own wellbeing is limited by narrow ideas about how they are “supposed” to behave, argues Flood in the recently released Men Make A Difference report, co-authored by diversity and inclusion researcher Dr Graeme Russell for the Diversity Council of Australia.
Men often pay heavy costs – in the form of shallow relationships, poor health, and early death – for conformity with narrow definitions of masculinity, according to the report.
There is a level playing field.
“Some men may also be under the misapprehension that the current system is already fair and the initiatives are unnecessary and unfairly advantage women”, says Flood.
“The current system is not and has not been fair. It has disadvantaged women and initiatives, such as affirmative action, make the system fairer. They give women and men the same opportunities.”
The national gender pay gap is 15.3 percent, with women earning on average, $253.70 a week less than men, according to the Workplace Gender Equality Agency. This disadvantage starts as soon as they graduate: women earn less than men in 17 out of 19 fields of study and across nine out of 13 industries.
Flood says a neoliberalist ideology holds that women can make it on their own and achievement is a matter of individual skill and effort and that social interventions are unnecessary, if not intrusive.
“There is also a widespread perception that gender inequality is a thing of the past. Therefore, if women are doing less well at work, then it is simply down to their own choices or their own fault”, he says.
“Those widespread beliefs also constrain our efforts to build gender equality.”
Some jobs are now women only.
Flood says that it is against the law to refuse to hire men and he does not believe this is happening systematically.
“If this were going on systematically then we might expect to find the numbers of women in Australian corporate boardrooms increasing and, in fact, in the last decade, it has decreased. A mere 16.5 percent of Australian CEOs or heads of business are women.
There are exemptions under discrimination law to allow special and positive measures to improve equality.
Men are being discriminated against.
Certainly, there are men who are facing more competition for jobs in areas where women are making gains, especially where employers are actively trying to recruit and promote more women to even up the gender balance.
Around 12 percent of men believe women are treated better than men, compared with 3 percent of women who believe the same, according the University of Sydney research.
However, Flood says he thinks it is wrong to assume men in that situation will miss out in favour in women who are weaker candidates.
“It may well happen that women are promoted above men who are worthy candidates but, in general, that is not the case. There is a different kind of fear, which is that he will now be judged equally against female candidates who have the same skills on their CV as him.”
“For some men, when they are used to privilege, they are used to advantage, then equality looks like discrimination.”
Flood says there are hundreds of studies that show that CVs with female names are judged more harshly by recruiters than those with male names.
We hire and promote on merit.
Flood says this is a simplistic argument against diversity programs and can be countered by pointing out the ways merit can be subjective and biased.
“We need to talk about actual merit and perceived merit.”
It is a women’s issue.
Flood says that men are also disadvantaged by inequality. Shorter men, for instance, find it harder to progress.
“Male CEOs, on average, are four or five centimetres taller. That is not because tall people are more competent, it is because they are perceived to be more competent and more appropriate leaders. So implicit and unconscious stereotypes shape who gets promoted.”
The quality of every man’s life depends to a large extent on the quality of those relationships with the women in their lives. “Men gain when the women and girls around them have lives which are safe and fair”, says Flood.

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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