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Whistle Blower

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GOH BEE KIAT AH090082 DING ZHI HSIANG AH090060

Title
Peniup wisel. Dorongan/ sebab-sebab/ faktor (dalaman dan luaran) seseorang professional atau pekerja terpaksa menjadi peniup wisel atau bertindak membuka pekung organisasi. Jelaskan berdasarkan kes di Malaysia (keutamaan kes-kes yang berlaku di Negara ASEAN), kes di UK dan Amerika Syarikat.

Definition of Whistle Blowing
The options available to an employee to raise concerns about workplace wrongdoing. It refers to the disclosure of wrongdoing that threatens others, rather than a complaint about one’s own treatment. Whistleblowers may make their allegations internally (to other people within the accused organization) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with the issues).

Factor
Safety
One may decided to blow the whistle when they could envision great danger that is solemn which would threaten the life of others. They would feel that by keeping mum and do not report on the misconducts and wrongdoings would mean that they are indirectly related to endangering the life of others. As to their own conscious, they could not pass through their own values and virtue and thus decided to become a whistle blower.

Revenge
Revenge is a factor but rarely the driving force. Most people certainly seek vindication, and some are tenacious to the point of obsession. This is usually understandable. Many have fought long and hard to bring their concerns to the attention of corporate management through internal means, only to be ignored, spurned, marginalized, harassed, and/or terminated.

Reason
Free Speech & Duty of Loyalty
The ethical debate on whistle blowing concerns centrally the conflict between the right to political free speech and the duty of loyalty to the organization where one works. This is the moral dilemma of whistle blowing. Political free speech is justified because it is a central part of liberal democracy, whereas loyalty can be motivated as a way of showing consideration for one’s associates.

Moral Outrage
Most people who are committed enough and strong enough to blow the whistle simply believe that what they observed is wrong. They believe that reporting it is the right thing to do. "I was raised to do the right thing. You don't lie. You don't cheat. You don't steal. And you tell the truth."

Encouragement
Employees are more likely to believe that social responsibility and ethics are important when the company also believes it.
Ethical values can be unspoken, commonsense principles that can be taken for granted, so formalization of ethical values, such as written codes of ethics, are important for influencing employee behaviour.

Further, "top managers' articulation and action are required if values are to influence behaviour." The measure for corporate ethical climate captures broad-based perceptions of the extent that managers are concerned about ethical issues in their organization, perceptions of managers acting ethically, and the extent that employees are rewarded or punished for ethical behaviours.

Cases in Malaysia
CASE #1  Whistle blower  Company : Shamsubahrin Ismail : National Feedlot Corporation(NFCorp)

 The NFCorp issue came to light in October last year after the

2010 Auditor-General’s Report revealed that the RM250million cattle breeding project had failed to fulfill the objectives of its formation, which was to reduce beef imports.  NFCorp had been accused of misusing parts of the RM250million government soft loan to purchase high-class condominiums, premium land and a luxury car as well as expenses unrelated to cattle farming.

Cases in Vietnam
CASE #2  Whistle blowers: Bernard John McCune  Company : Jetstar Pacific Airlines (JPA)
 Vietnamese authorities are inspecting budget carrier

Jetstar Pacific Airlines (JPA) after two foreign engineers fired by the company accused it of violating safety protocols. Jetstar Pacific's former chief engineer, Bernard John McCune of Australia, and one of his colleagues sent a letter on October 26 to the Vietnam Aviation Agency detailing several violations of safety rules.

CASE #3  Whistle blower  Company

Cases in Singapore
: : Ang Seng Thor AEM-Evertech

 Ang Seng Thor, who was charged with corruption offences

relating to the payment of kickbacks to customers of AEMEvertech, the company of which he was CEO, in order to secure business for the company.  The Subordinate Court District Judge, did not impose a jail sentence in recognition of the fact that Mr Ang blew the whistle on corrupt practices at the company, which resulted in the conviction of former CFO Kammy Choo Swee Keng for her role in the corrupt practices. The judge also noted that Mr Ang had taken a "passive role" in the affair, in that he did not initiate the bribes paid to an employee of Seagate Technology International.

Cases in Indonesia
CASE #4  Whistle blower  Company
: : Emerson Yuntho Attorney

 Indonesia Corruption Watch (ICW) has released a report

called “Weakening of Corruption Eradication Commission In Indonesia.” The report details how Emerson and a colleague, Illian Deta Arta Sari, released information about financial misconduct in the Attorney General's office. Now they have been summoned to Police Headquarters and declared suspects in an investigation for "character assassination."

Cases in US & UK
CASE #1  Whistle blower  Company

: :

Dr Jeffrey Wigand Brown & Williamson

 Wigand disclosed questionable practice by US cigarette group

Brown & Williamson and its peers.  The company intentionally manipulated the level of nicotine in cigarette smoke to addict smokers  Tobacco companies knew nicotine was addictive, that carcinogenic material was knowingly added to cigarettes, that research exploring the dangers of cigarettes was suppressed and that attempts to develop a "safer" cigarette were axed.

CASE #2
 Whistle blowers: Robert Rudolph, Joseph Faltaous,  Company

Steven Woodward, Jaydeen Vincente : Eli Lilly

 Four sales representatives for Eli Lilly filed separate qui tam

lawsuits against the company for illegally marketing the drug Zyprexa for uses not approved by the Food and Drug Administration.  Lilly claimed that using Zyprexa on the elderly would reduce "caregiver stress”.  Zyprexa makes some patients sleepy. Even though Zyprexa was found to increase the risks for sudden death, heart failure and pneumonia in patients with dementia-related psychosis

CASE #3
 Whistle blowers  Agency

: :

Frank Serpico NYPD

 Former New York police officer who reported several of his

fellow officers for bribery and related charges. He is the first officer to testify against police corruption.  In early 1970, Frank Serpico became so frustrated with the bureaucracy and corruption of the NYPD that he went public with his tales of corruption. As a result, he was given numerous death threats and even assaulted by fellow officers.  On April 25, 1970, the New York Times published a front-page story about the NYPD's corruption, finally causing the mayor, John Lindsay, to do something about it by appointing the Knapp Commission.

CASE #4  Whistle blowers  Agency

: :

Michael J. Nappe University of Medicine and Dentistry of New Jersey

 Nappe raised issues about the payment of millions of dollars of bills

without purchase orders or supporting documentation by UMDNJ in New Jersey. He also exposed an internal billing scheme involving the use of "dummy invoices" to charge internal departments with a mark-up without their knowledge or approval. Nappe also exposed his subordinate who was running a personal business with the University's cell phone account.  To humiliate him, his employer assigned his office to a lunch room and stripped him of his staff.  Additionally, the director ordered any department responsible for investigating Nappe's disclosures to not investigate them and submit them to his office, where they remained inactive. Six months after the University "resolved the issue with Mr. Nappe", several of Nappe's allegations were proven to be true.

CASE #5  Whistle blowers  Agency

: :

Sherron Watkins Enron

 Sherron Watkins is the former Vice President of Enron Corporation

who alerted then-CEO Ken Lay in August 2001 to accounting irregularities within the company, warning him that Enron ‘might implode in a wave of accounting scandals.’  On August 14, 2001, CEO Jeffrey Skilling resigned. Chairman Kenneth Lay became the CEO and called an all-employee meeting on August 16 to address Skilling's resignation. In response to a request for questions to discuss at that meeting, Watkins submitted an anonymous memo to Lay, detailing her concerns about the accounting problems facing Enron.  Ms. Watkins has been lauded in the press for her courageous actions. TIME magazine named Sherron, along with two others, Coleen Rowley of the FBI and Cynthia Cooper of WorldCom, as their 2002 Persons of the Year, for being “people who did right just by doing their jobs rightly.”

CASE #6  Whistle blowers  Agency

: :

Dr. Frederic Whitehurst FBI

 In the aftermath of the world Trade Centre bombing of February 26,

1993, the FBI concocted misleading scientific reports and pressured two leading scientists to perjure their testimony in order to support its prosecution of the men accused of the bombing.  Sewage pipes in the skyscraper broke during the explosion, depositing 80 gallons of sewage throughout the wreckage. Dr. Whitehurst were asked to analyze some of this sewage, thinking it was an explosive substance.  Dr. Whitehurst concluded that there was no sound scientific basis for the government's public claim that a urea nitrate bomb had been the source of the explosion. When he refused to recant or to doctor his reports to support the urea nitrate bomb theory, the FBI used an unqualified lab technician to testify that the so-called urea nitrate found at the scene was consistent with a urea nitrate bomb.

CASE #7  Whistle blowers  Agency

: :

Marc Hodler 2002 Winter Olympic

 The 2002 Olympic Winter Games bid scandal was a scandal involving

allegations of bribery used to win the rights to host the 2002 Winter Olympics in Salt Lake City, Utah, United States.  Lawyer Tom Welch and car salesman Dave Johnson were in charge of the Salt Lake Bid Committee and took an aggressive approach to winning the Olympics.  The Scandal broke on 10 December 1998, when Swiss IOC member Marc Hodler, head of the coordination committee overseeing the organization of the 2002 games, announced that several members of the IOC had taken bribes.  Before any of the investigations could even get under way both Welch and Johnson resigned their posts as the head of the SLOC. Many others soon followed. The Department of Justice filed charges against the two: fifteen charges of bribery and fraud. Johnson and Welch were eventually acquitted of all criminal charges in December 2003.

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