Ethical Dilemma In Test Analysis: A Case Study Of Luke Jackson’s Career

Background of the Case

This written case study presents an Ethical decision model as explained by David Tuffley (2012) to illustrate the turn of events in Luke Jackson’s career. Luke Jackson is a well-respected test analyst who works with a team of two incompetent analysts that were employed by his manager, Bernard Spillsbury who later resigns.

This presented report analyses the ethical based decision making process that Luke undertook to conduct a performance review to legitimize the dismissal of the two useless analysts. He refuses to withdraw the performance review when he was asked by the manager, Bernard who hired the incompetent analysts.

The refusal of the withdrawal of the performance review leads to a turn of events when the project was immediately suspended and an internal audit was conducted to investigate the project scope. These turn of events leads to the two analysts unemployed but more to Luke when he realise it was a set up to damaged his reputation and job altogether.

The core focus of these findings are the unethical determination of Bernard to punish Luke when his interview with a promising job was cancel without explanation after six months of unemployment only to realize that his ex-manager was into shady dealings with the HR.

Bernard employs one of the analyst because he was employee of the vendor that supplied the ERP system. Bernard is in breach of U.S code & 3110 of Employment, “a member, in whom is vested the authority by law, or to whom the authority has been delegated, to appoint individuals for appointment, employment, promotion…” (Gpo.gov, 2018).

Luke releases that he had been set up to fail and out of job with a damaged reputation. Bernard is in breach of the Australian Government legal obligation of, “…not acting in a way that may seriously damage an employee’s reputation or cause mental distress or humiliation” (Business.gov.au, 2017).

Bernard is determined to destroy Luke reputation by setting up a plan for the suspension of the project and plotting it to fail which leads to losing of his job. Thus in breach of, “…an attack intended to ruin someone’s reputation assassination, defamation…” (Laws-lois.justice.gc.ca, 2018).

The two analysts were actually competent to perform the work and difficulty comprehending the requirements and functional specifications. The analysts broke the ACS Code of Professional Conduct that states “…You will work competently and diligently for your stakeholders” (ACS, 2014). 

Luke had put the two analysts through training to get them up to speed hence could not advance their capabilities and take on assigned responsibilities. 

Luke Jackson’s Ethical Decision-Making Process

Bernard, the manager of Luke suddenly resigns without explanation or notice in the middle of a project scope. 

In Luke’s his own opinion, he considered the incompetent analyst as highly unprofessional. 

After the project suspension, the project scope crept in and delivery of the project by the required date was impossible.

Bernard said he might want to re-hire the analyst for future projects and did not want the analyst’s reputation to be damaged. 

There had been some problems with the new system and the team had the task of tracking this and other problems down and fixing them. 

Luke found himself under increasing pressure from senior management to get back on schedule. 

Late delivery of project to the end user is a sign of unprofessionalism which is against the ACS Code of Professionalism Conduct. 

Luke decided to conduct an immediate performance review of the analyst in order to legitimise his dismissal instead of considering the interest of the other analysts. 

Both Luke and the other two analysts were let go and another team was brought in. The whole process of dismissal of employees was done without a formal written notice of dismissal. 

After Luke had done a previous testing experience, he found that one of the analysts had only two years of experience while the other had only one year of experience hence negligence in the duty of the hiring personnel.

Bernard had been calling favour with the HR that resulted to the cancellation of the interview in retaliation for firing of his analyst. 

Luke did not report the issue to the management when he was asked by Bernard to withdraw the request for a performance review.

Luke realised he had been set up to fail and found himself out of a job with a damaged reputation. 

The immigrant had only one years’ relevant experience hence background check-up in consideration for the employment of immigrants.

Luke decided to conduct a performance review of the analyst to evaluate their performance.

Luke realises that Bernard has set up his miseries in two situations but does not take any action. 

On the morning of the interview, the meeting was cancelled, no explanation given. 

Bernard does all in his power to revenge the actions of Luke. He is determined to go to great lengths to get his way and punish those who stood in his way.

Bernard was into some shady dealings and was prepared to go to great lengths to get his way and punish those who stood in his way. 

Consequences of Unethical Behavior

Luke Jackson was employed to be the project lead of the ERP system because he was experienced in test analysis. 

Priority	Factor	Area		Related Issue
1.	Legal	Favouritism		Bernard employs an analyst on loan from the ERP vendor
2.	Legal	Damage of reputation		Luke found himself out of a job with a damaged reputation.
3.	Legal	Character assassination		Luke has his reputation damaged.
4.	Professional	Competence		The two analysts were not competent to perform the work.
5.	Professional	Professional Development		Luke had put the analysts through training.
6.	Professional	Resigning without explanation		Bernard without explanation resigned
7.	Professional	Judgemental Opinions		The analyst became belligerent in Luke’s opinion
8.	Professional	Missing the Project deadline		Delivery by the required date would be impossible
9.	Professional	Preservation of Reputation		Bernard did not want the analyst’s reputation to be damaged.
10.	Professional	Competence of an ethical technologist		There had been some problems with the new system.
11.	Professional	Pressure management		Luke had increasing pressure from senior management.
12.	Professional	Late Delivery		Late delivery of project to the end user
13.	Professional	Personal Interest		Luke conducted performance review to legitimise his dismissal
14.	Employment	Negligence in employment		The two analysts had few years of experience.
15.	Employment	Dismissal without notice		The two test analysts were also let go.
16.	Employment	Raising issues and concerns		Luke did not report the issues to the management.
17.	Employment	Employment of immigrants		The immigrant had only one years’ relevant experience.
18.	Employment	Performance Review		Luke conducted a performance review of the analyst
19.	Employment	Lack of Communication		The interview was cancelled, no explanation given.
20.	Social	Favour reciprocation		Bernard calling in a favour with his mate in HR.
21.	Social	Setup		Luke realised he had been set up to fail.
22.	Social	Passive tolerance of evil through inaction		Luke realises does not take any action of the set-ups.
23.	Personal	Retaliation		Bernard calling in favour in retaliation for the firing of his analyst.
24.	Personal	Dehumanisation		Bernard was into dealings to punish his nemesis.
25.	Intrinsic	Experience		Luke Jackson, an experienced and well-respected test analyst

                                                                                                    Table 1: Priority List 

The decision must be done in consideration of the interest of the public first before any other interests. The legal factors usually take precision over other factors in order of consequential significance. Favouritism has preceded the other legal factors mainly because Bernard has not only employed incompetent personnel. The organization took a decision of suspending him but should take further actions of ensuring that he does not influence other business action. Organizations should therefore take a responsibility to equip their employees with knowledge to both handle character assassination and report such cases to the relevant legal officials. Firms should design appropriate measures to train its employees.

Appropriate measures should be laid to safeguard the interest of the organization through passage of knowledge from the predecessor to the successor of the responsibilities. The management should question the decision and prior to that make a combined managerial decision.

A clear and well defined guidelines in the employment procedural process should be outlined. Employees have a right to proper dismissal, therefore, the Human resource department should set terms and conditions in their employment contract which should include reasons for immediate suspension of contract and serving of notice whenever such a case occurs.

The favouritism vice of Bernard led to the unfortunate turn of Luke’s career. His unprofessional behaviour that resulted into the employment of the incompetent analysts is the root cause of his own suspension, Luke and his team’s suspension and the project missing the deadline.

The organization was having loopholes in its employee’s management process and procedures. It lacks proper mechanism of ensuring that competent personnel are contracted without favouritism, nepotism or as a result of influence of its employees and operations. The management must lay in place clear and well defined procedures of dismissal of its employees.

Combination of several factors has made Bernard involve himself in shady dealings and was prepared to go to great lengths to get his way and punish those who stood in his way irrespective of the time difference. The act of retaliation makes him jeopardize the employment of an experience and a well-respected analyst through favour reciprocation of his network and mates. 

Legal Breaches in the Case

4. Conclusions on Analysis

The Ethical Decision Model is a vital tool in analysing and evaluating ethical dilemma by presenting the factors that affect a certain scenario and providing necessary prioritisation mechanism. It provides ways of evaluating the presented facts and identifying weakness in the given context clearly. It does not neglect one party in favour of another but rather, it provides rectification procedures to enhance the efficiency and workability of integrated current systems.

The course has played a very crucial part in transforming my knowledge base of professional issues in information technology. The unravelling of the findings of the course has explained vividly the social, ethical and social issues relevant in IT innovations and inventions. By applying the ethical decision model, it has enabled my ability in analysing ethical dilemmas that affect computing professionals. By applying the normative ethical theories, I have the ability to analyse ethical dilemma and come up with a conclusive decision. Finally, this course has enabled me to know and explain the role of professional associations with their associated value of the professional code of conduct.

An elaboration of a clear distinction between the three levels of ethics to explain the broad level of application of the right behaviour. Personal ethics mainly guides the doings of an individual in developing a sense of reasoning in decision making. Organizational ethics defines the guidelines of organizational way of their day-to-day operations

The explanation of values as an integral part in ethics is key in explaining ethical issues in the society. The obligations of an individual in the society, interactions with others in an integrated system is vital. The transitioning of values in different times is important to understand why people were behaving and acting certain ways.

Technology has made technical operations efficient and effective. However, it has introduced various risks that affect people’s lives. Some of these threats include intellectual property theft whereby copies of unauthorized materials are distributed online. Internet encourages pornography among young people hence degradation of their morals. Identity theft has been in the front line in the internet threats where people impersonate other people for their own benefits. Data confidentiality and privacy has been an issue where the companies that provide users with services sell their users’ database for economic gains.

This course has illustrated the traits of an ethical leader to be a person that display personality traits that cut across different society, cultures and races. With unshakable integrity and high trustworthiness, they are responsible in every action they do, respectful and perseverant. They are selfless and put the interest of their followers first. They consider the needs of their followers before their own interests. Embracing challenges and huddles in their service is part of their tolerant attitudes in order to become better leaders.

Ethical Breaches in the Case

In contrary, unethical leaders take most of their situations in a negative point of view mainly through ethical blindness. They are afraid of taking big and considerable steps hence taking first small steps that do not demand a lot. They dehumanize others their organization and take them lowly and in low regards to themselves. They are selfish that do everything that align with their best interest. They do not obey defined laws and regulations and conform to group norms unethically.

One of the interesting chapters of the course is the discussion of the seven habits of the highly effective technologist. The first being that a highly effective technologist is proactive and responsible through taking responsibility in everything they do hence ensuring that every project is done in time within all stipulated specifications. Moreover, they have a clear end in mind hence have a clear, well defined and elaborated process and structures set in place to accomplish every single step. Highly effective technologists, though face with many options, they are able to prioritise. Through planning, they are able to allocate resources efficiently. Different requirements are allocated appropriate labour, time and resource to sufficiently complete their faces. They are geared in a win-win results whereby everyone involved in a project benefits. Mostly they are oriented in not only making their organization or side win but ensure that their users are satisfies with the produced output according to their specifications and will do all in their power to put the user first. They not only look for synergy but also ensure a continuous improvement in their skillset and personal development.

In every project, a team of professional, each handling a particular task is crucial in ensuring a satisfactory end product. Characteristics of high performance teams include a shared dream, a mission and a vision, they manage conflicts constructively for the greater good, the team member are insulated from the bureaucracy which might interfere with their operations, they have a real or perceived enemy that they aim to defeat, they regard themselves as unconventional with underdog status, the team members often pay a personal price of sacrifice and are usually young and finally deliver the end product.

In contrary to high performance teams, low performance teams engage in politics, unrealistic promises, go to extremes to prove a point, focus on intense competition, have intense pressure from unexpected government regulations and finally experience unexpected technical crises.

Conclusion

I have learnt the code of conduct of professionals based on the Australian Computer Society’ (ACS) code. The six main ethical values expectations, include the primacy of the public interest which prioritise the interests of the public before those of individuals, the enhancement of quality of life which necessitate the striving of enhancing the quality of life, honesty in the representation of skills, knowledge, services and products, competence that explains that one will work competently and diligently for their stakeholders professional development which demand the enhancement of own professional and those of your staff and finally professionalism that explains the importance of integrity of the ACS with respect to its members for each other.

The course also introduces the ethical issues of the information age encompassing the moral direction that guides the course of action of professional lives. It starts by explaining the good technology that enhances people’s lives by actualizing their dreams and goals.

However, technology becomes unethical and dehumanises a person when it became the master of our lives by dictating way of people’s operations. Technology has jeopardised the privacy of people, whereby private information can be easily retrieved from the internet networks. In conjunction to privacy, intellectual property such as copyright is being infringed by being shared and distributed on the internet. The spread of pornographic materials over the internet has been highly encouraged by technology. All these examples are some of the dehumanising effects of technology.

Several IT gaps has been at the fore front in impeding the development of computer systems. They include the perspective gap, ownership gap, cultural gap, foresight gap, communication gap, expectation gap, credibility gap, appreciation gaps and relationship gap.

I learnt the theories of ethical behaviour that include Relativism, Kantianism, Utilitarianism, Social contract theory, Marcus Aurelius and the stoics, Buddhism and the four noble truths, Lao Tzu and the Tao Te Chung, The ethics of Confucius and the Kohlberg’s Model.

Thinking machines have gained pace in modern technologies, they are threatening the survival of jobs where robots replace human labour in technical firms. 

One of the chapters has brought a debate in the question of evil, where philosophers and theologians have different opinions, facts and insights in the context of evil. It tries to demystify the existential aspect of both ethical and unethical behaviours.

The chapter of common denominator tries to underline an evidence of a common base root of human nature across cultures. The Moral Foundations Theory explains why morality varies across culture but display certain similar trends. Moreover, the Universal Moral Code expresses the moral principles across cultures in two lists, the ‘do this’ form and the ‘do not do this form’. Finally the Golden rule that tries to seek religious evidence in existential reason of reacting back to a done action.

Artificial intelligence and human potential is considered to be working hand in hand to not only eliminate the potential threat of A.I harming the human race but also take advantage to utilize its full power to empower people.

Finally the essence simply makes into realization that ethics is meta-consciousness that is being aware of your thoughts, making choices that will produce beneficial outcomes. In addition, consistency in behaviour that show integrity is key of ethical behaviour. Moreover, understanding and being aware of the cause and effect network is a core aspect of ethics. Hence, finding a common ground (middle path) between the two sides of a dilemma is vital for reconciliation. 

We need ethics because they form a standard way of doing things that is appreciated across all cultures in the societies. Most often than not, ethics dictate a better way of conducting oneself that is presentable and can be emulated by other. They enable people to prevent dehumanising and placing ways of interacting with others in an integrated society. Moreover, ethics enable people to make informed decisions, instead of making rush decisions, it enables one to evaluate and make a consented decision (Mintz, 2017).

To handle ethical dilemma, one need to look for situations that are based on the common ground between the two opposing sides (Thepfs.org, 2016). It is a crucial step in ensuring that you do not sides that might strengthen the conflict. Listen to both sides, taking all important facts and resist to rush into a judgement before you have considered all the necessary facts. Sample the information from the collected facts and find some common grounds and arrive at a decision that revolve around those grounds which pleases neither side but stands in between. 

Technology has introduced various risks and threats that affect people’s lives that threats include intellectual property theft whereby copies of unauthorized materials are distributed online hence making a loss to the owner of the copyrighted resource. Streaming videos online has encouraged pornography among young people and children via the internet hence degradation of their morals. Identity theft has been tolerated online where people impersonate other people for their own benefits. It has not preserved both data confidentiality and privacy.

The competence of an ethical technologist is traced to their ability in following standardized software development process models and methodologies that enables him create software that satisfy the user’s need’s, meets the defined specifications, delivers the end product on time, within budget and importantly without defects. A competent ethical technologist should put the user’s interest first to ensure that a desirable product that meets the user’s requirements is developed. The developer should conduct daily analysis of the product to remove any bugs and faults. 

The seven habits of the highly effective technologist include proactivity and responsibility through being responsible in everything they do hence ensuring that every project is done in time within all stipulated specifications. Moreover, they have a clear end in mind, which simply means that in every launched project, they have a clear, well defined and elaborated process and structures set in place to accomplish every single step. They have a calculative measure of all the available options to devise an operational cause of action that will yield the end results. Highly effective technologists, though face with many options, they are able to prioritise. Through planning, they are able to allocate resources efficiently. They are geared in a win-win results whereby everyone involved in a project benefits. Mostly they are oriented in not only making their organization or side win but ensure that their users are satisfies with the produced output according to their specifications. They not only look for synergy but also ensure a continuous improvement in their skillset and personal development.

The six core ethical values expected to be practise by the ACS members in their professions include is the primacy of the public interest which prioritise the interests of the public before those of individuals. In case of any conflict, it must be resolved in favour of the public interest.

The enhancement of quality of life which necessitate the striving of enhancing the quality of life. Honesty in the representation of skills, knowledge, services and products is key not to undermine the trust of the public, stakeholders.

Competence that explains that one will work competently and diligently for their stakeholders, as well as taking responsibility of every action.

The code of conduct demands professional development through enhancement of own professional and those of your staff. This helps in making one up-to-date of the current trends of technology.

Professionalism explains the importance of integrity of the ACS with respect to its members for each other and to the public.

The ethical issues of the information age encompassing the moral direction that guides the course of action of professional lives. It starts by explaining the good technology that enhances people’s lives by actualizing their dreams and goals.

However, technology becomes unethical and dehumanises a person when it became the master of our lives by dictating way of people’s operations. This in turn introduces the risks of technology. Technology has jeopardised the privacy of people, whereby private information can be easily retrieved from the internet networks. In conjunction to privacy, intellectual property such as copyright is being infringed by being shared and distributed on the internet. The spread of pornographic materials over the internet has been highly encouraged by technology. All these examples are some of the dehumanising effects of technology.

Several IT gaps has been at the fore front in impeding the development of computer systems. They include the perspective gap, ownership gap, cultural gap, foresight gap, communication gap, expectation gap, credibility gap, appreciation gaps and relationship gap. 

Thinking machines have gained pace in modern technologies, they are threatening the survival of jobs where robots replace human labour in technical firms. However, future jobs that have not yet been invented might take various forms that may put people in competition with robots.

Future workers are therefore placed in a place of earning skills. Creativity in combining multiple ideas in new captivating ways to innovate something different will be the key for employment.

New technology in creating and communicating content will critically demand workers to assess the content and find creative ways to communicate it to a good effect hence putting their skills to remain relevant in the ever changing world of new inventions.

The management of projects across the globe will be done efficiently and effectively because of the uprising of collaborations tools. All these factors will only place the right skilled people in the right place at the right time to be employed. In conclusion, the open-minded, the creative, the innovative and the intelligent people will meet the future job requirements. 

The common denominator tries to underline an evidence of a common base root of human nature across cultures. The Moral Foundations Theory explains why morality varies across culture but display certain similar trends. It proposes six innate moral perspectives which include care/harm that makes it morally right to care for our children and the attachment to sources of comfort and security and the ability to empathise with others. Fairness/Cheating dimension help people regulate the way they contribute to the good of the community. Liberty/Oppression dimensions emphasizes the importance of freedom and autonomy. The Loyalty/Betrayal dimension explains the aspect of patriotism and self-sacrifice within a given group. Authority/Subversion recognises the existence of authority figures and their influence. Finally, Sanctity/Degradation dimension emphasizes the need to live in a more elevated, less carnal-desire driven way.

Moreover, the Universal Moral Code expresses the moral principles across cultures in two lists, expressed in the ‘do this’ form and the ‘do not do this form’. The first list is ‘do no harm’ and the other is ‘go good’. Finally, the Golden rule that tries to seek religious evidence in existential reason of reacting back to a done action. 

Artificial intelligence has been considered to be a threat to humans. However, the ethical technologists can develop proper safeguards to utilize the A.I. technology to the advantage of humans by fully utilizing its power.

The technology cannot by themselves work conclusively but rather needs human co-operation as a company to utilize their operational capabilities. The end results not only make people’s lives better but effective.

Most often than not, the Artificial intelligence technology acts as a digital assistant and not a replacement of a human capable individual. The automation of tasks that can be digitized will decongest human tasks hence enabling them concentrate with more important tasks of invention and innovation. It helps in experiencing life fully, vividly and selflessly hence completely absorbing life wonders. It also helps in making critical choices between safety and risk. This decision making process helps analyse the presented facts in order to make a conclusive decision. Moreover, AI helps people to realize a true self by going beyond the defined modes of behaviour, action and norms. It also make one utilize and use own intelligence to its fully capacity. Finally, it helps one know themselves and being honest with themselves. 

6. References

Business.gov.au. (2017). Legal obligations for employing people. [online] Available at: https://www.business.gov.au/info/run/employ-people/employees-and-record-keeping/legal-obligations-for-employing-people [Accessed 21 May 2018]. 

Gpo.gov. (2018). 5 U.S.C. 3110 – Employment of relatives; restrictions. [online] Available at: https://www.gpo.gov/fdsys/granule/USCODE-2010-title5/USCODE-2010-title5-partIII-subpartB-chap31-subchapI-sec3110 [Accessed 22 May 2018]. 

ACS 2014, Code of Professional Conduct, Australian Computer Society, viewed 26 March 2018, https://www.acs.org.au/content/dam/acs/rules-andregulations/Code-of-Professional-Conduct_v2.1.pdf

Laws-lois.justice.gc.ca. (2018). Criminal Code. [online] Available at: https://laws-lois.justice.gc.ca/eng/acts/c-46/section-298.html [Accessed 21 May 2018]. 

Thepfs.org. (2016). How to handle an Ethical Dilemma. [online] Available at: https://www.thepfs.org/membership/ethical-dilemmas/how-to-handle-an-ethical-dilemma [Accessed 22 May 2018]. 

Mintz, S. (2017). Why Do We Need Ethics?. [online] Ethics Sage. Available at: https://www.ethicssage.com/2017/03/why-do-we-need-ethics.html [Accessed 22 May 2018].