How do corporate actors at different levels navigate around fault finding and resolution of situations deriving from a finding of fault.
The experience I have had, both as an advocate of the Courts in my country of practice as well as that of an actor in organization, has given me insights and perspectives that in my view highlight the correlation between the process of fault finding and resolution and ethical practice.
Sometimes how a corporate through its actors behaves as it interrogates issues and makes decisions around them may lead to litigation being taken out by an aggrieved party. It is therefore important for the corporate to avert or mitigate the risk of being found liable for wrong doing as a result of its actions.
In my view, decisions influenced by inappropriate conduct by corporate actors are usually of poor quality as the decision may be compromised by the said conduct. Ethics and ethical conduct are key components of decision making and therefore, it is important for actors to ensure that as they discharge their functions, they are mindful of the principles of ethical conduct and ethical intelligence.
Ethical intelligence has been referred to as “the ability to make ethical decisions based on a strong understanding of moral principles and values. It involves considering the consequences of one’s actions on individuals, society and the environment. Developing ethical intelligence involves cultivating empathy, moral reasoning and a sense of responsibility in the decision making process”.
As decision makers and supervisors, it is possible to “botch” a very good case for the organization against someone found wanting because of inappropriate conduct. For example, during an investigation, if the suspect is harassed and even denied entitlements such as a fair opportunity to be heard and to test the evidence against them, for no plausible reason, this may be seen as a factor that will earn the suspect relief from the court. The corporate may have had a good case, but demonstration of the case against the suspect was poor due to ignorance of matters of ethics, among other things, as they deliberated and decided on a matter.
As a corporate actor, being mindful that your responsibility to the organization extends beyond the glamour of being in that position is a very good starting point. Acting in the best interest of the organization by managing the risks that could lead to failure to achieve that goal is golden.
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