Sophie777
i hav a logicallly written essay that i got 24/25 for.
“How effectively does the law reflect moral and ethical standards in the workplace”
Some moral and ethical standards in relation to the workplace are controversial due to the differing perspectives held by those in the workplace. Such issues include negotiations and changes to contracts, breech of an employment contract . Some moral principals are more generally accepted by both employers and employees such as safety in the workplace. However, the interpretation of this moral standard is controversial as statutes and common law cases reflect differing understandings of how this generally held moral standard is interpreted and applied. Although the legal system has attempted to reflect these various moral standards through statutes such as the Workplace Relations Act, precedents handed down by the courts and government bodies such as the AIRC, evaluating how effectively the legal system reflects moral and ethical standards depends on ones perspective.
Negotiations and Changes to Contract
A key characteristic of a just law is that it stresses consensus and social cohesion. It is therefore reasonable to consider this to be a commonly held moral and ethical standard in the Australian workplace. It is questionable whether this standard is being met under the current system of wage determination. Under the current system wages can be determined by a certified agreement (with a union), AWA’s (without a union), private agreements or a safety net wage rise. Because there exists four different methods of determining an employee’s wage unanimity is not achieved as agreements may vary . The provisions under the Workplace Relations Act allowing such methods of wage determination advocate discord and potentially encourage industrial disputes within workplaces. Thus it becomes apparent that the legal system in its current state does not effectively reflect the moral standard of achieving consensus and social cohesion.
It could be argued that the previous centralized system under Accord 1 was more effective in achieving consensus because all wages were determined according to the rate of inflation. This was done by getting business groups, governments and unions to agree on what was best for all parties involved. Therefore directly achieving consensus and social cohesion. Those supporting centralized wage determination would demonstrate the ineffectiveness of the legal system in achieving this moral standard by citing the dispute between the MUA and Patrick Stevedores (the Waterfront Dispute). They would argue that the legal system indirectly encouraged Patrick’s to dismiss workers and rehire them on individual contracts. However, a counter argument is that there were more strikes under the Accord System than the current system, which may conflict with the moral standard of living in frugal comfort as established by the Harvester Judgement.
Breech of Employment Contract
The rule of law and procedural fairness are generally accepted ethical standards, which should apply when conflicts arise between employer and employee. There exists concern over whether this standard is being met by the provisions on dismissal administered by the Workplace Relations Act. The dismissal by notice provision cited in this act can be seen as effective for employers, as it allows them to remove employees from the organisation thereby giving them the opportunity to replace them or prevent them from further depleting company resources or sabotaging the operation. However, one attribute of this provision is that the employee must be given two weeks “paid” notice. This creates a potential injustice for the employer, furthermore not an effective reflection of this ethical standard. If an employee was unproductive and did not fulfill their duty to the employer, hence the reason for dismissal, it is unjust that the employer be forced to pay the employee for a further two weeks, Therefore, in this regard the legal system can be seen as ineffective in reflecting the ethical standard of abiding by the concepts of the rule of law and procedural fairness. Perhaps the legal system should adopt a more interventionalist ideology, this would enable the state to determine the nature of such issues and take action accordingly, reflecting this ethical standard. Although, administering such intervention would incur a substantial cost, which may not be viable.
Safety in the Workplace
One moral standard which is more generally accepted amongst those in the workplace is the issue of safety. A key feature of a just law, and therefore a generally held moral standard, is the requirement that laws take into account limitations in material resources.
Although this may be a generally held moral standard its interpretation and application are subject to much debate. The occupational Health and Safety Act could be accused of not properly considering this standard. The requirement potentially ignores this ethic. To satisfy this requirement and those stated in the OHS Act and the Dangerous Goods Act substantial resources must be allocated, which may militate against this moral right.
It is open to interpretation as to what extent employers should provide a safe system of work, however enforcing stringent standards as established in common law cases such as Paris v Stephony Bourgh Council where a man with one eye was injured working with machinery, the court found that employers had an obligation to provide a safe system of work. Whilst an employer should have an obligation to provide a safe system of work, it is not just to force an employer to provide such a system that is beyond their limitations. However, the legal system will enforce stringent standards through statutes, and bodies such as Workcover which potentially may interfere with the operation of the business. Thus, the legal system can be seen as ineffective in reflecting the moral standard of considering limitations in material resources. However, if the law were not to enforce such standards it could be criticized for not providing adequate safety standards thereby not protecting the well-being of employees
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