Commerce Case Study Report

The following give nonice (of) looks at the developwork forcet of informal agony claims inside collective Australia that advance been lodged with the Australian serviceman Rights Commission over the last decade. David J stars Pty Ltd and Pricewaterhouse make argon devil prevalent baptistrys which keep attr deeded negative media with dissemble to Sexual Harass manpowert, and this report utilises both s puddle Management and expedience Theories to scrutinise various impacts, responsibilities and recommendations for Individuals, Organisations and parliamentary physical process.Organisational and societal tillage is set as the main(a) add factor of employment Sexual Harassment, and it is identified inwardly the report that besides statute law and hightail itplace risk caution approaches address to be enacted if the emergence is to be addressed.Methods of give-up the ghostplace mechanisms to curtail the increase obligate been listed as inductor, traini ng, and facilitation of piece of work qualify. Prompt and decisive follow up is in addition necessary to address issues when raised. Societal nicety also is identified as requiring change through with(p) Legislation, and the requirement for ph all in allic persons of political, social and governmental business feeder to lead the heathenish change commission process.It is this reports recommendation that get ahead re linear perspective of Legislation and employment practices be urgently undertaken with a view to rationalise the steadily rising number of account employment Sexual Harassment claims in spite of appearance corporal Australia.Figure 1 Australian gentlemans gentleman Rights Commission Statistics Over the source(prenominal) decade at that place has been a unremitting increase in the prevalence of informal badgering in the body of work. The Australian Human Rights Commission (2010) statistics (Figure 1) demonstrate a steady increase in reported wooings of familiar worrying from 2000 to 2009. In 2007 a former executive of Pricewaterhouse Coopers filed come up-grounded suit against her foregoing employer alleging she was innerly harassed by an executive, Mr Edwards. She desire $11 jillion compensation for monetary prys, discharge of earnings and former(a)wise(a) compensation (Australian Associated Press, 2008).When Ms Rich raised the issue of her intimate torture with senior direction, senior executives responded by placing her on access restrictions, banning her from the office, allocating clients to other partners, and reducing her salary (Clifton, 2007). A dependency between $5 and $6 million was reached on 20 March 2008. Pricewaterhouse Coopers poke bring out to deny the claims, tho, each party has current that the opposing party had their let got perspectives, and if would not accept the other as completely accurate (Moran, 2008).More new-made evidence of Sexual Harassment in Corporate Austra lia attracting negative media attention is the case of Kristy Fraser-Kirk vs. David Jones Pty Ltd initiated earlier this year claiming compensation of $37 million for alleged incidences of intimate harassment by former CEO hit McInnes. The key difference between the two cases highlighted indoors this report is, in re fulfill to Fraser-Kirks allegations and intense media scrutiny, McInnes resigned. He claims his resignation was for the gather of the partnership and his family.Harrison (2005) argues that legion(predicate) pass oning view this approach to ethical decision make as the antithesis of ethical. This legal case is still before the courts. Notably, in both highlighted cases above, organisational grow is present to largely d sanitary of knowledgeable harassment and discrimination. Alarmingly, statistics and media attention study highlighted these allegations atomic number 18 not isolated. Corporate Australia requires speedy attention to stem the steady increase of intimate harassment.Alexander and Lewer (1998) state of matter on that point is momentous inter march between industrial relations practices and the economy demonstrating linkages between individuals, organisations and beau monde that essential be addressed. Impact on Individuals, Organisations and club Individuals the key impact is a great deal emotional. A victim or informal harassment may lose the business leader to attain premium quality of life, when comp bed to Maslows Hierarchy of Needs as set forth by Turner (1995) * Physiological change magnitude stress take aims, mental health, flowd backbone of self-importance worth, as well as creating many other health issues. refuge C atomic number 18er focus can be destroyed, income reduced through absenteeism or tone ending of employment, affecting the level of security one may sustain.* Belonging feelings of violation and isolation and decreased sense of observe. This view is tell by Weisberg (1996, pg 7 25) quoting Lin Farley the abuse also impacts destructively by disrupting fe manful transaction attachment, promoting fe phallic unemployment and inhibiting female solidarity. * Esteem as a pass of a deficiency of belonging and lack of reliable income, the self worth and the value placed by colleagues and employer is decreased.Lengthy legal battles impact on an individuals financial st expertness whilst media scrutiny impacts on individual esteem and adds pressure on family and other relationships. * Self cultivateualization states that to come through self- real(a)ization, all other take must be met first. therefore, by limiting the cogency to meet all other inevitably of the Hierarchy, inner harassment limits ones ability to become self actualized. Sexual harassment impacts both the victim and the perpetrator. The credibility and seniority of many of the perpetrators can be decreased.The accusations can lead to loss of justice in the workplace and subsequent decrea ses to job opportunities and future earning capability. Organisations costs to organisations can be both internal and impertinent. Some primary issues argon listed below. * Loss of revenue. Due to media and reality scrutiny and disapproval of conduct, sales may decrease. * Increases in operational expenditures. There is a range of causal factors for increases in direct expenses. Staff absenteeism and lack of productivity of cater due to ongoing internal and media investigations into the allegations. change magnitude expenses for insurances. Public relations campaigns to negate media injury to fellowship branding and sales. Increases in recruitment costs due to staff movements to to a great extent favourable work destinations and other organisations. * Impacts to other organisations much(prenominal) as restitution Industry, governing body and their resultant use of resources much(prenominal) as Hospitals, Police Services, apostrophize systems, and Mediation services. * Corporate Australia as a whole is wedge with each allegation, as financial measures are taken to belittle the risks of faderence within their own businesses.Financial costs such as Insurance levies rise, as do taxes to present the brass in its efforts to minimise occurrences, assist the victims, and finalise the claims through Court systems. Status or effect differentials occur due to employee composition and sex ratios. * cost is incurred as internal review committees are formed to critically analyse company Harassment, Anti- dissimilitude, Risk Management and Critical ensuant Policies and review and implement all recommended measures.Society Impacts upon society are the changes to societal culture, awareness and drainage of public resources. Medical resources are accessed due to the impact on individuals, as are legal systems due to judicial proceeding instigated by the victims. Media outlets and organisational public relations campaigns movement to act upon societa l responses and opinions. At the arrange stage of sexual harassment in Australia, there is a Spotlight focused on Australian Corporate culture making society consider their own workplace experiences and explore their rights.This exploration inescapably leads to questioning of our legal system and its support for workers rights and anti-discrimination command which before long underpins society. The Occupational Health and Safety Act 2000 states, in Section 8, that an employer must ensure the health, safety and welfare at work of all the employees of the employer. Society then becomes disconnect and disbelieving of the Governments ability to assert societal law and value systems. Where many Corporate Australian businesses have global operations, society suffers further through both reduced global frugal trade and a stigma of pagan discrimination.Whilst our pursuit of equation in all forms is held tenaciously in the balance subvert which side the Media leave alone back, in many cases forcing public viewpoints from the rational to the superficial. Societal views of the organic subordinate role of women within the workforce, and the disproportional forefinger and dominance of a male role is perpetuated and enforced. Risk Management a priori Perspective Risk is an unavoidable instalment of life. It is a comprehend or truly possibility that an unfavourable outcome (such as loss or harm) could result from victorious a particular action (Rescher, 1983).There are three stages in determine a risk, and its worth (Rescher, 1983) * weft of action what action is to be undertaken. * negativism of outcome what risk is natural to the action. What other options are available to pursue. * Chance of identification the probability of risk actually occurring. Risk can be managed in a variety of ways, depending on the risk at hand, and the expense which is volitioning to be incurred. When a company implements a risk management process, they follow three b asic rules The primaeval Rules of Risk Taking (Rescher, 1983)* Maximise judge values (see graphs) Avoid catastrophes * Dismiss highly unrealistic possibilities When utilise within the scope of Sexual Harassment in the oeuvre the two organisational viewpoints for the management of risk will be * Take out Insurance * Create a Sexual Harassment Policy Insurance will not prevent the possibility of the occurance of sexual harassment, it will only cushion economic implications (Rescher, 1983). This is knowing to enable the organisation to continue operating in the event of an allegation occuring.The creation of an Organisational Sexual Harassment Policy however, will have a far greater impact on prevention of such behaviour if enforced and promulgated end-to-end the company. It should also provide guidance is law of closure of issues and denote penalties or risks to perpetrators as well as support mechanisms for victims. Absence of a insurance could be used as evidence that an e mployee has authority to engage in misconduct, and make the employer liable (Pearson, 1997). When defining a sexual harassment constitution, Warfel and Query (2004) state that the organisation must* Define their signification of sexual harassment Provide examples of what they consider sexual harassment * An explicit disputation that sexual harassment will not be tolerated. * Explanation on how claims will be dealt with * A statement that retaliatory action will not be tolerated * A statement that corrective action will be taken afterward creating a Sexual Harassment policy it is vital that the policy be communicated, understood and upheld at all levels of the organisation on a regular basis through training, induction and displayed within organisational culture (Pearson, 1997).If claims are made, it is crucial they are investigated and appropriate action taken under the policy. All members of an organisation should be compliant under the policy. self-conceit Theoretical Persp ective Gibson (2007) comments that an egoist would word that one should put ones own interests and concerns above those of others, regardless of external ethical standards. This statement is critical if we are to understand Egoism. The concept that we all belong within a sense of self interested morality explains at almost levels the complex nature of perpetrators of sexual harassment.It provides a level of understanding along the lines of only the strong survive which is highlighted by Catherine Mackinnon in Weisburg (2010, p726) where every(prenominal) incidence of sexual harassment reproduces the inequitable social structure of male supremacy and female subordination which anti-discrimination legislation seeks to eliminate. This level of thinking is the crux of the societal damage caused by the increasing trend towards incidences of sexual harassment within Corporate Australia, where it is comprehend only the strong and ruthless survives.The David Jones Pty Ltds recent case can be compared with Machiavellis (1515) observation that a bluff leader should acquire and use power to his personal advantage by some(prenominal) means possible. Applying Egoism conjecture to the perpetrators of sexual harassment, it can be make up that the basic human temptation to take what is wanted or is a perceived right, overrides any awareness or application of Risk Management Theory. It appears that their precondition or power will efficaciously protect them, or that the victim inherently will wish to increase their consideration by accepting these advances.This is ratified by Shaw et al (2009, pg 59) regarding Firestone Tyres where it is declared by a company spokesperson . policy was to petition for corrections only when it was beneficial to the company to do so. The action of Pricewaterhouse Cooper, and David Jones, is thoughtful of Egoism theory as stated by the Firestone Tyres spokesperson. When incidences of harassment occurred, they appear to have negated their own internal policies and risk management mechanisms, and responded in an Egoist manner.Responsibilities of Individuals, Organisations and Society Victims have a function to report and contend action against illegal activity. This in release empowers others to feel supported and understood which is demonstrated by the other women who most probable wouldnt have spoken out about their experience had Fraser-Kirk not done so herself. It also enables change within the workplace, legal systems and ultimately society at large. It is understood that most sexual harassment cases go unreported with the victim kind of simply leaving the workplace.This creates an opportunity for perpetrators, as silence is regarded as complicity and acceptance of the behavior. Victims also have a responsibility to act appropriately within their employment contracts and honestly report all incidences of workplace sexual harassment. Individuals must adhere to company policy as well as hump and respect colleagues rights with regard to relevant workplace policies and legislation. This action will contribute to a positive work culture. Perpetrators are often in a position of power and have an inherent responsibility to lead by example.In the case of Mr McInnes and Mr Edwards, neither man behaved in this manner, thus perpetuating a workplace culture of acceptance, and a perception of do as I say, not as I do. Organisations have a legal responsibility to act in the exceed interest of all staff and executives, however organizations have a duty of pity to ensure that relevant workplace legislation pertaining to the welfare of employees is effectively communicated and enshrined within workplace practices. The best way to do this is to lead by example and ensure that breaches are swiftly and efficiently dealt with.Society itself has many responsibilities to uphold regarding sexual harassment. Society has the power to support ethical and responsible acts to uphold integrity within Corp orate Australia. They have the power to influence organizations, legislation and Government to adopt risk management practices rather than egoism in order to maintain a positive brand image. Society can influence good bodily citizenship by enforcing individual, and organisational, accountabilities and responsibilities.Recommendation to Individuals, Organisations and Society It is powerfully recommended that individuals continue to pursue their individual and workplace rights in order to work towards actual realisation as according to Maslow. Reporting, and reenforcement those who do, is an integral component of a workplace free from harassment. They additionally have a responsibility contribute to a workplace free from discrimination by move in, and adhering to, workplace training programs and policies.Within organisations, it is recommended that the sexual harassment policy be hold as separate to any anti-discrimination policies with a built in grievance procedure and validati on process. Any complaints should be dealt with swiftly and supportively with real consequences for perpetrators, such as probation, demotion or termination. These processes should be communicated to staff on induction to the organisation and throughout their careers by authorization training and awareness programs, with employees and executives having to sign on receipt of training and policy documents.It is tyrannical that risk management practices be applied in favour of egoistic approaches if the organisational culture is to support a change within the organisational culture. Organisational change can only be accomplished if it is championed from those with the ultimate power. It is the responsibility of the executive board to drive this change for the bring in of all, the reduction or elimination of sexual harassment practices will ultimately decrease absenteeism and staff turnover due to harassment, and increase morale and productivity.Society too, has a responsibility to e nsure equality in every aspect of their lives by teaching our children that grammatical gender does not determine worth. We further have a responsibility to petition for change in legislation, and hold Corporate Australia responsible for its actions. As consumers we hold great power and this can be used to influence and support company responsibilities. Conclusion It is this reports decision that an egoist societal and organisational culture is straightaway linked with the increase in sexual harassment cases lodged with the Australian Human Rights Commission.It further finds that adoption of a risk management perspective for the protection of individual, organisational and societal well being is necessary to ensure fundamental rights, responsibilities and legislation is upheld. Whilst it is understood that organisational culture needs to be specifically targeted to reduce incidences of sexual harassment in the workplace, the significance of a male driven response to the prevalence of sexual harassment within Corporate Australia cannot be overlooked.This is highlighted by Elizabeth Broderick, Sex Discrimination Commissioner where she states we should recognise the importance of mens role in promoting gender equality in workplaces. I firmly believe that we will only see significant gains when men start working with men to solve this problem. After all it is men who dominate nearly every inception in this country, particularly in our workplaces. If there is to be change, male CEOs and business leading must champion it. We need men taking up the advocacy cape and leading by example.