How does Jobs For You defend itself against claims of unfair termination or treatment?

  

Please find the attachment.
Read the 3 Case Studies below and select ONE as the basis of your analysis and discussion. Please
indicate clearly which Case Study you have chosen.
Case Study 10 Jobs for You Employment Agency
Jobs For You is an employment agency that specialises in filling short-term, casual labour
requirements. The company has recently been involved in several court cases where employees
claimed they had been unfairly terminated or treated. Jobs For You used several defences in
different cases. In some they said that a short-term labour hire company like theirs could provide no
guarantees of work for anyone. In another case they argued that they had offered work to the
employee on many occasions and the employee had continually refused because the client site was
too far away or the pay was insufficient. In another case they claimed the employee was too drunk
to go to work that day. In each case the company produced diary notes of phone calls and
interactions with the employees, which they maintain on their database, as evidence.
Word of this spread and some employees became so concerned by what Jobs For Yous files on them
may say. They appealed to national privacy legislation to view their own records.
This caused great concern to Jobs For Yous management, in case the employees might say the
company was making false or discriminatory claims. Management has now instructed their HR staff
to be very careful in everything they record in the database. They still want to be able to record ‘the
truth’, as they see it, but are very concerned that the notes may be considered rude, insulting or
discriminatory if read by the employees. And so they instruct the Recruitment Manager, Stella, to
devise a set of codes to be used in the notes to represent statements such as, never hire this person
again, difficult to work with, cant be trusted to turn up on time etc, so they would be
meaningless to the employees (and lawyers) and couldnt be used in court against the company.
Stella is concerned over what she considers are the ethical and privacy concerns. Management has
told her there are no ethical issues involved and she simply needs to determine a set of codes that
allows Jobs For You to record notes about workers without fear of being sued by employees.
How should Stella proceed?
Case Study 4 Quality Assurance Case
A small software company is working on an integrated inventory control system for a very large
national shoe manufacturer. The system will gather sales information daily from shoe stores
nationwide. This information will be used by the accounting, shipping, and ordering departments to
control all of the functions of this large corporation. The inventory functions are critical to the
smooth operation of the system.
Jane, a quality assurance engineer with the software company, suspects that the inventory functions
of the system are not sufficiently tested, although they have passed all their contracted tests. She is
pressured by her employers to sign off on the software. Legally she is only required to perform
those tests which have been agreed to in the original contract. However, her considerable
experience in software testing has led her to be concerned over risks of the system.
Her employers say that they will go out of business if they do not deliver the software on time. Jane
contends if the Inventory sub-system fails, it will significantly harm their client and its employees. If
the potential failure were to threaten lives, it would be clear to Jane that she should refuse to sign
off. But since the degree of threatened harm is less, Jane is faced with a difficult ethical decision.
Case Study 2 Conflict of Interest
Michael is the IT manager in a government department with more than 500 staff members and six
branches across Australia. His department has decided to acquire an enterprise resource planning
(ERP) system. A request for proposal (RFP) for the procurement of the software has been advertised
in a number of Australian newspapers. Two local companies have responded to the advertisement
and have sent their offers to the department.
When Michael has examined the offers, he has found that Company As offer is slightly better than
that of Company B. To his surprise, Company Bs offer has been made by Steven, who is his best
friend, and the general manager of Company B.
Although the initial cost of Company Bs software appears less than that of Company A, Company Bs
software may require some modifications which could eventually increase the total cost.
To complicate matters, Michael has received a phone call from Steven, urging him to favour his offer
as he needs this work.
Discuss briefly how Michaels friendship with Steven causes an ethical problem. Follow your brief
discussion with a recommendation on this issue. Be sure to support this recommendation with
reasons informed by your research and thinking on the ethical issues identified in your discussion.
Assignment Task
From what you have learned during Week s 3 and 4 of your Professional Environments Course,
discuss ethical, professional and legal issues which you consider arise from this scenario. Make some
recommendations of actions which could be taken to resolve the situation and/or to minimise the
chance the scenario may recur. Support your answers with relevant references (as well as the Codes
and Laws).
Things to Consider in Your Assignment:
You should list at least 3 clauses from the ACS Code of Ethics and up to 5 clauses from the ACS
Code of Professional Conduct, you think are specifically relevant in deciding how to resolve the
situation. Make sure that you refer to the most up to date ACS Codes which are available on the ACS
website www.acs.org.au.
You should also list any relevant Australian legislation that you think applies to this scenario.
Your analysis, discussion and recommendations should use the framework you selected in Week 3
Solving an Ethical Dilemma.
Your assignment should be 400 -500 words in length (excluding your code lists, legislation list and
references).
You may need to undertake a small amount of research, however, most information you will need is
available via the seminars and their references. Also,
use a cover page as per the suggested template, use intext referencing, use complete
Harvard Notation, submit in Word format or equivalent format that can be readily opened in MS
Word, keep your formatting simple: Arial 11pt, 10pt after paragraph, single line spacing, headings in
bold, maximum 2 indent levels/bullet levels. Do not use page borders, word art, page backgrounds
or similar extraneous decoration Your uploaded file name should identify you as part of its name
e.g. PE_Assignment1_William_Smith.
Marking Guide
Marks will be awarded using the following guidelines.
15% meeting the procedural requirements, including, spelling, grammar, number of words,
document formatting,
30% how logically and thoroughly you identified and described professional ,ethical and legal
issues arising in the scenario,
30% how well you developed your recommendations and supported them with relevant, correct
referencing,
20% how well you convinced the reader that you understood the issues,
5% did the material generate interest in the reader?

Introduction:
The following case studies highlight the ethical and privacy concerns that businesses may face while dealing with employees. In the first case, an employment agency is struggling with lawsuits from terminated employees due to unfair treatment. Employees, worried about their work files, appeal to national privacy legislation to view their records. The company is now looking for a way to continue recording the truth while ensuring their records cannot be used against them. In the second case, a small software company is developing an inventory control system for a large national shoe manufacturer. The quality assurance engineer suspects that some functions of the system are not sufficiently tested.

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Description:
Case Study 10, Jobs for You Employment Agency, describes a scenario where an employment agency is facing several lawsuits from terminated employees for unfair treatment. They are worried about what their records say about them and appeal to national privacy legislation to have access to their own records. This causes management to worry about the employees using the records to sue the company for false or discriminatory claims. To tackle this issue, management instructs the Recruitment Manager, Stella, to develop a set of codes to represent negative statements and record them in the database. Stella is concerned about the ethical concerns and the privacy infringements this solution can cause.

On the other hand, Case Study 4 highlights the pressure to deliver contracted tests even if the quality assurance engineer suspects a potential issue. In this case, the software company is working on an essential inventory control system for a large manufacturer. Jane, the quality assurance engineer, is struggling with the dilemma of following ethical standards or pushing for the defective function discovery that can delay the project’s implementation.

Objectives:
– To understand the importance of maintaining accurate and ethical employee records
– To learn about the potential legal and ethical issues involved in recording employee notes
– To determine how to proceed when faced with conflicting instructions from management regarding ethical and privacy concerns

Learning Outcomes:
By the end of this discussion, participants will be able to:
– Identify the potential legal and ethical issues involved in recording employee notes
– Analyze the importance of accurate and ethical employee record keeping
– Evaluate different perspectives regarding the use of codes to maintain privacy in employee notes
– Determine ethical and legal approaches to managing employee records under conflicting instructions from management

Case Study #10: Jobs for You Employment Agency

Solution 1: Developing an Ethical and Privacy-Compliant Database

Stella, the Recruitment Manager at Jobs For You, should proceed by engaging in a comprehensive review of the company’s current data collection, analysis, and storage practices. She should conduct an audit of the current database, evaluate its contents and structure, and identify aspects that are inconsistent with the company’s code of ethics and national privacy legislation. This can guide the process of developing a set of codes that can be used to record notes about workers without infringing on their privacy rights or creating ethical violations.

Stella can also work with Jobs For You’s legal counsel to determine the legal implications of the database as it stands. They can identify possible loopholes that employee lawsuits have exploited in the past and work towards updating the company’s policies and procedures to close these gaps. They can develop guidelines for HR staff to use in making notes and collecting data on workers so that they avoid making statements that may be considered discriminatory, rude, or potentially discriminatory.

Once the audit, legal review, and policy review processes are complete, Stella can then develop a set of codes that will be used to represent different types of workers’ attributes. These codes should be consistent with the guidelines put forth by the National Privacy Legislation and the company’s ethical codes. This would allow Jobs For You to record truthful statements about the employees without crossing ethical lines or infringing on their privacy rights.

Solution 2: Improving Quality Assurance Testing

Jane, the quality assurance engineer in the small software company, should proceed by conducting additional tests on the inventory functions of the integrated inventory control system. She should work with her team to create a comprehensive testing protocol that will evaluate the functionality and reliability of the system, specifically in the inventory functions.

Jane can also communicate her concerns to the management team of the software company. She can explain why she believes the inventory functions are not sufficiently tested and the resultant risks that could arise. This will provide management with the opportunity to address the gaps in the testing process before releasing the system to the large national shoe manufacturer.

Additionally, Jane can work with the software development team to identify and troubleshoot the issues she has identified in the integrated inventory control system. She can collaborate with them to develop a robust testing framework that will surface any hidden issues before they manifest into more significant problems that could bring the system down or create trust issues with the national shoe manufacturer.

To ensure that all future systems undergo thorough testing, management can develop a new policy that stipulates quality assurance testing is an essential part of all software development projects. This can help the software company detect and fix issues before the finished product is released, ultimately improving customer satisfaction and avoiding potential legal issues.

Suggested Resources/Books:
1. The Ethics Toolkit: A Compendium of Ethical Concepts and Methods by Julian Baggini and Peter S. Fosl.
2. Managing Ethically: An Executive’s Guide by Wayne Norman and Chris MacDonald.
3. Business Ethics: Ethical Decision Making and Cases by O.C. Ferrell and John Fraedrich.

5 Similar Questions:
1. What are the ethical concerns that arise when employment agencies maintain files on their employees?
2. Is it ethical for an employment agency to use coded notes to represent potentially discriminatory statements about employees in their database?
3. What responsibilities do HR staff have to ensure the privacy of employee records in an employment agency?
4. How can companies balance the need for accurate record-keeping with the ethical concerns of employee privacy in the workplace?
5. What strategies can employers use to handle legal disputes with employees in a fair and ethical manner?

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