WHISTLE-BLOWING Responsibilities to Third Parties

Who is a Whistle Blower ?  A whistle blower is an employee or other insider who informs the public or the government agency of an illegal, harmful, or unethical activity done by their business or institution.  The language of “blowing the whistle” comes from sports where a referee or umpire blows a whistle to stop play and call attention to illegal or improper conduct.

What is Whistle-blowing?  Whistleblowing has been defined as occurring when a present or former employee discloses information ‘which the employee reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement such as gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety’ ( US Whistleblower Protection Act 1989 ).

 Whistleblowing raises ethical concerns because, unlike the neutral umpire in sports, employees are considered by some people to be team members whose loyalty to the team should preclude or prevent blowing the whistle.  Whistleblowing puts the whistle blower at risk, it also raises concerns about the employee’s responsibilities to self and to one’s dependents. ISSUES…….

 Balancing three types of responsibilities - to the public, to one’s employer, and to one’s own commitments - sets the ethical context for whistle blowing.  The ethical issue of whistle blowing thus involves both its permissibility and its obligatoriness. 1.Is it permissible to blow the whistle on one’s employer? 2.Is it ever ethically obligatory to do so?

Conditions for justified Whistle-Blowing The following are some questions that should be considered in deciding whether to blow the whistle in a specific case. 1. Is the situation of sufficient moral importance to justify whistle – blowing? 2. Do you have all the facts and have you properly understood their significance? 3. Have all internal channels and steps short of whistle blowing been exhausted? 4. What is the best way to blow a whistle? 5. What is my responsibility in view of my role in the organization ? 6. What are the chances for success ?

The arguments against Whistle-Blower Protection 1. Whistleblowing might be used by disgruntled employees to protest company decisions or to get back at their employers. 2. They can also do so to cover up their own incompetence or inadequate performance. 3. Encroach on the traditional rights of employers to conduct the business 4. Create an informer ethos at work that would threaten the spirit of cooperation and trust on which sound working relationships depend.

The arguments for Whistle-Blower Protection  The main argument in defense of a law to protect whistle-blowers is a utilitarian one that rests on the contribution whistle-blowers make to society.  EVERYONE HAS THE FREEDOM OF SPEECH.

COMPONENTS OF A WHISTLEBLOWING POLICY A well-designed whistle-blowing policy should have the following components. 1. An effectively communicated statement of responsibility – Responsibility to report all concerns about serious unethical and illegal conduct through appropriate internal channels. 2. A clearly defined procedure for reporting – Reporting concerns in a confidential manner. The procedure should specify to whom reports are to be made and the proper form. Eg: hot line

3. Well trained personnel to receive and investigate reports – Ability to maintain the confidentiality and to conduct a fair and thorough investigation. 4. A commitment to take appropriate action – the reports of suspected wrongdoing should not be ignored or misused. 5. A guarantee against retaliation – assurance that employees will not suffer retaliation for making the reports in good faith. Retaliation can only be prevented if the importance of the policy is effectively communicated to everyone in the organization and there is credible commitment to the policy’s success by the top management