Ethics and whistle blowing : an investigation of the moral justification and framework for the practice of whistle blowing

[摘要] ENGLISH ABSTRACT: This research project examines the concept and practice of whistle blowing with the aimof answering the fundamental question: when is whistle blowing morally justified orunjustified? While the different forms of whistle blowing receive attention, the focus ison the corporate world, or non-governmental whistle blowing. Whistle blowing in thecorporate world has become a moral and strategic point of debate with the issue beinghow it can be employed as a mechanism against corruption and other forms of abusein a way that is fair to employees, employers, and the public ..The project focuses on the moral justification of whistle blowing and the ethicalframework within which it needs to function. The methodology used is that of anextensive literature study. The views of researchers' from different countries arediscussed and analyzed, and the deontological and utilitarian approaches to ethicaldecision-making are used to arrive at deductive conclusions. It is concluded that froman ethical viewpoint, employees are morally obliged to blow the whistle to preventpotential harm to e.g. the public or the environment. Specific conditions must besatisfied, however, before whistle blowing against a corporation or employer can beregarded as morally justified.With reference to the views of researchers and a South African case study, it isestablished that whistle blowers need to be protected against retaliation fromemployers and that legislation in this regard has been lacking. An important mechanismto protect whistle blowers would be the introduction of laws to protect them againstretaliatory actions such as dismissals or demotion. One of the aims of South Africa'sProtected Disclosures Act (Act. No. 26, 2000) is to protect employees against anyoccupational detriment as a result of having blown the whistle in a manner consistentwith the conditions outlined in the Act. It Is concluded that it is to the advantage ofemployers to promote a culture in which justified and responsible whistle blowing isencouraged and protected. Suggested ways to achieve this include developing an ethicof whistle blowing, involving unions, introducing rewards, instituting codes of ethics,and establishing specific complaint recipients within organizations. On the basis of a US case study and a study of relevant literature, it is concluded thatemployers and corporations also need to be protected against unethical whistleblowing. By laying down conditions that have to be met before an act of whistle blowingcan be justified, the Protected Disclosures Act (Act No. 26, 2000) provides protectionin this regard.The study concludes with a critical appraisal of the positive as well as the negativeaspects of the Protected Disclosures Act. The Act provides the necessary legalframework and guidelines for fair and responsible whistle blowing with protection forboth employees and employers, and as such could help to reduce crime and corruptionin both the public and private sectors. In the South African context of high levels ofpoverty, illiteracy and unemployment, however, certain shortcomings are identified thatmay diminish the potential value of the Act.

[发布机构] Stellenbosch University