CHCLEG001: Legal and Ethical Work Practices Assignment Solution

This document presents a detailed solution to a CHCLEG001 assignment focused on legal and ethical work practices. It begins with an introduction to laws and ethics, emphasizing their importance in organizational frameworks and employee conduct. The main body addresses various activities, including outlining common legal issues like harassment, discrimination, and unfair dismissal. It provides an overview of the Australian legal system, differentiating between criminal and civil laws. The solution further explores key statutory and regulatory requirements relevant to the workplace, such as health and safety standards and anti-discrimination acts. It explains duty of care, negligence, and how to maintain competence and confidentiality. Ethical considerations, including codes of ethics, client rights, cultural sensitivity, and ethical decision-making strategies, are also discussed. The document covers conflict of interest management and opportunities to improve work practices to meet legal and ethical responsibilities. The solution is designed to provide a thorough understanding of the subject matter.

Work legally and ethically

INTRODUCTION...........................................................................................................................4
MAIN BODY ..................................................................................................................................4
Activity 1A.......................................................................................................................................4
Outline five types of common legal issues relevant to the workplace...................................4
Give a brief overview of the Australian legal system............................................................5
What are the two types of laws? Give examples of each.......................................................5
Activity 1B.......................................................................................................................................6
What are the key statutory and regulatory requirements relevant to your work role?...........6
Activity 1C ......................................................................................................................................7
How is duty of care enshrined in law? How does it relate to negligence?.............................7
How can you ensure that competence is maintained in the workplace?................................7
What steps does your organisation take to maintain confidentiality?....................................8
How is confidentiality protected by law?...............................................................................8
Why is it important to seek client agreement before providing services? .............................9
What strategies can you use to involve clients in decisions?.................................................9
Activity 1D.......................................................................................................................................9
How would you proceed in this scenario?..............................................................................9
Activity 2.......................................................................................................................................10
Activity 2A.....................................................................................................................................10
Code of ethics.......................................................................................................................10
Activity 2B.....................................................................................................................................11
What are the rights of the client? Outline one of these rights in detail................................11
What are values, attitudes and stereotypes?.........................................................................11
How can you be culturally sensitive?...................................................................................12
What are your organisational policies and procedures on disclosure and confidentiality? .12
Which information should be kept confidential and how can you ensure it is kept as such?12
Activity 2C.....................................................................................................................................12

Name an ethical issue or dilemma you have been involved in at the workplace. How did you
deal with this, in terms of who you discussed it with?.........................................................12
Activity 2D.....................................................................................................................................14
What are your own personal values and attitudes on the subject?.......................................14
Activity 2E.....................................................................................................................................14
What is the strategy for making an ethical decision? ..........................................................14
Activity 2F.....................................................................................................................................14
What is unethical conduct?...................................................................................................14
Who should you report unethical conduct to?......................................................................14
Activity 2G.....................................................................................................................................15
Define a conflict of interest..................................................................................................15
How can you manage a conflict of interest?........................................................................15
Activity 3A.....................................................................................................................................15
Identify the opportunities in workplaces to improve work practices to meet legal and ethical
responsibilities......................................................................................................................15
CONCLUSION..............................................................................................................................15
REFRENCES.................................................................................................................................17

INTRODUCTION
Laws are considered to be those kind of rules and regulations that help in developing of
framework which makes an organization work upon various process existing within an
organization. Law is very wage term and covers different aspects within a society or an
organization. In other words law is that system of rules which is been formed in order to enforce
or create legal model for both social and government institution. They also helps in regulating
behaviour of individuals within an organization. It is also an art which makes justice to be
attained. Ethics are those consideration formed for purpose of making an organization regulate
discipline with order. These are covered under ethical code of conduct which makes working
done in perfect way. Ethics makes employees complete task given to them within appropriate
time specified. Scope of law and ethics is wider as it covers aspects related to business
organizations and employees working in it. Nature shows dynamism as it reflects outcome
produced upon task achieved by an organization. In the following file various laws in relation to
organization and working place has been covered. Further employee rights, discrimination with
health and safety laws covered.
MAIN BODY
Activity 1A
Outline five types of common legal issues relevant to the workplace.
Harassment: This is one of the most common issue that has been faced by employees
within an organization. Such issue arises when an employee faces issues in both mental and
physical manner. It is divided into three forms verbal, physical and visual.
Discrimination: This is also one of the most shuttle issue which takes place within an
organization. Discrimination is done upon age, gender, cast or status such practices is illegal
under the law and statutory act is been formed to deal with it (Soulsbury and et. al., 2020).
In order to deal with these problems Equality laws has been formed which provides equal
opportunities to an individual working within an organization.
Unfair dismissal: Under such issue an employee is been dismissed form the job due to
his or her conduct within an organization. This kind of dismissal is been covered under
Employment contract. In case of this dismissal proper reason should be given by employer.
Unfair dismissal can take place only when ethical code of conduct violated by an employee.

Confidentiality issues: This is another issue faced by employee which makes private
information of an employee been released and no secured form is used by an organization to
protect it. These issue is been handled in data protection laws which bounds an organization to
protect private information of its employees through secured means(Shepherd, 2017).
Employee rights: In this rights of employees is been discussed which has been formed in
order to provide status within organization. Such rights helps in making protecting employee
over any kind of exploitation done towards him or her.
Give a brief overview of the Australian legal system.
Australian legal system is mainly based upon the constitution and has been divided into
federal or state law. It is based upon English law and is part of common wealth organization. In
legal system of Australia Supreme Court includes Supreme Court which deals over both criminal
and civil cases. They are known as court of records as judgement passed by these courts can be
used as instance for future cases. Then comes High court within which matters related to the
Constitution and appeals from lower Federal or State Courts is deal with. Family court which
deal with matters related to family or marriage is deal with. Then comes lower court which looks
into matter of both criminal and civil nature is known as court of first instance (Sinclair, 2017).
What are the two types of laws? Give examples of each.
Criminal law: these are the laws that has been dealing with mater in which intention of
the person is to harm or kills another person. In Australia criminal laws include murder, rape and
sexual assault. Criminal laws defines over criminal offences by regulating them through
apprehension, charging, trial upon suspected individual and fixes penalties in relation to offence
for which an offender has been convicted. Laws of such kind deals upon organizing societies and
protecting them with maintaining individual's interests through survival assurance.
Civil law: Such laws deals with those crimes which is done in order to harm an
individual. Under Australian civil law divorce, child abuse and property related matters is been
covered. These laws in Australia includes private law and includes personal injury, contract
cases or any kind of legal dispute between individuals. Further such laws for legal framework
based on civil code of procedure or conduct.

Activity 1B
What are the key statutory and regulatory requirements relevant to your work role?
In order to makes employee and employer work as per the legality there are certain
regulation that has been formed in order to make work place more safe. These are divided under
statutory and regulatory. In statutory laws those concrete laws is been covered which makes
working environment more safe that is health and Safety Act 2011 which has been formed in
order to provide health care to employees by maintaining health standards within an
organization. Regulatory requirement consist of steps taken by organization to apply act formed
in proper manner in an organization. Also statutory laws in Australia mainly covers Work health
and safety standards with National Employment Standards which makes working environment
more safe to work for employees. Fair Work Act 2009 the main purpose of the act is to make
sure that national workplace standards has been maintained within employer and employee. In
this act safety is been provided with the help of minimum entitlements with the help of minimum
wages, awards system and the National Employment Standards. This allows flexibility within the
working arrangements and protection of employees form unfair dismissal is been protected
through fair treatment(Néron, 2016). Then comes Disability Discrimination Act 1992 which is
designed to protect employees in Australia from discrimination of any kind. In the act illegal
treatment of employee over discrimination in less fair manner is deal with. Further extend to
employees and there relatives, friends, co-workers, or associates of a person with a disability.
Further there are various kinds of rights and responsibilities which is given to employer and has
been given as follows:
 Safe working environment has to be made.
 Protecting employees from discrimination and harassment.
 Training and development monitoring should be done.
 Inform all employees of their rights and responsibilities.
 Safety at workplace requires to be protected in relation to employees,
 Meet first aid requirements

Activity 1C
How is duty of care enshrined in law? How does it relate to negligence?
Law of torts is covered within common law and comes under civil law. In this harmful
behaviour like physical attack on person or individual, through interference over possessions
upon another individual's legal right on land, economic interest, reputation and privacy (Ward,
2018). It is derived from Latin term tourtum which means “something twisted, wrong or
crooked. This concept is covered only within civil wrong. These laws are those kind of laws
which mainly deal with all the wrongs impacting individual's life. In this negligence is been
covered as a wrong which means when omission of a rule is been done by an individual which
could have been avoided at the time of act committed. Under it five elements is there that is
breach of duty, cause, in fact, proximate cause, and harm. Duty of car is that kind of duty which
has been failed to be performed by an individual within which reasonable care has not been
taken. Duty of care is related to negligence in a way that within the elements of negligence
breach of duty is covered and duty of care is duty to be perform by individual.
How can you ensure that competence is maintained in the workplace?
Competency means advancing employees in relation to the job profile they have been
working on (Nenzhelele, 2016). There are certain things to be kept in mind for maintaining of
competency within an organization that has been given as follows:
 Determination of necessary competence for personal performance of work affecting
product and quality.
 Branning should be provided to take actions for achieving and maintaining necessary
competence.
 Evaluating effectiveness upon actions that has to be taken.
 Ensuring that personal awareness upon relevancy over activities and contributes over
achievement with quality objectives accomplished.
 Maintaining of appropriate records through education, tanning, skills and experience.
In this ethics can play important role in developing competency by making framework in
order to create discipline and order within various process of organization that helps in making
sure that no confusion is created at the time of performing task.

What steps does your organisation take to maintain confidentiality?
Confidentiality means protecting privacy and private rights of an individual in order to
make sure that all personal information is kept safe of an employee within a organization. Steps
required to be taken by organization to protect confidentiality has been explained as follows:
Step 1: Identify and prioritize confidential information
In this step it is required by an organization to categorize information’s of various types
by making differentiation between general and confidential information. This makes them work
in proper manner regarding privacy of employees (Masters, 2020).
Step 2: Study current information flows and perform risk assessment
This step understanding of current workflow is required to be made and practices in
relation to protecting confidential information requires to be maintained.
Step 3: Determine appropriate access, usage and information-distribution policies
Risk assistant is done by an organization going to help in making information more
confidential by protecting it through analysing issues faced within the process. Factors affecting
such process must be analysed with policies of various types.
Step 4: Implement a monitoring and enforcement system
This is one of the most affective step that has to be followed which helps in analysing of
policies made for privacy protection. It helps in covering the flaws in more affective manner
through information assistance.
Step 5: Review progress periodically
In this step main focus is upon effectiveness within organization that is achieved through
reviewing system, policies and training process. It is done by using motoring system which
makes analysis of issues possible. Such system helps in monitoring progress on regular basis that
leads over productiveness attained with efficiency.
How is confidentiality protected by law?
In order to protect information and data of an individual act that has been formed in
Australia is Privacy Act 1988 this is an Australian law. Such act helps in handling information of
employees. Further the act deal over maintaining record of individual through providing
framework for it. In this act various principals has been formed to make records covered in more
secured form under privacy act. The act makes sure that data protected with more secured form
of network in Australia (MacKay and Robinson, 2016).

Why is it important to seek client agreement before providing services?
It is required to make sure that client agreement is been formed before providing services
as this helps in proving legality which makes exchange of services legal in the eyes of law. As
an agreement formed acts as contract between both the parties. It also helps in discussing about
terms and condition which makes obligation discussed and agreed by both parties.
What strategies can you use to involve clients in decisions?
Decision making is the process by which various kinds of issues is been discussed in
relation to processes within an organization. In this steps required to be followed which makes
employee part of an decision making process of an organization (Sinclair, 2017). They are as
follows:
1. Form a committee
In this an organization is required to form an committee and makes employee part of an
organization. Then employees gives output which help in enhancing decision making.
2. Suggestion box
As per it suggestion requires to take on timely basis which makes changes to be made
within organization accordingly(Klugman and et. al., 2018).
3. Offer choices
Employees offer suggestions which makes innovation possible in various process of an
organization. This make information executed in proper manner.
4. Let them choose their training
It helps management strategy involves training employees which makes employees learn
about process within an organization. Employees enhances there work that improves there
decision making power and helps them convey there innovative ideas to higher officials.
Activity 1D
How would you proceed in this scenario?
As per the situation it can be analysed that ethics is been violated by leaking paper before
exams. This is violation of professional code of ethics which makes behaviour of staff to be
understood and also problem that is been faced by them. In this constancy and credibility over

professional practices is seen which makes client's right and code to be protected. In this
framework is been given based over behaviour and decision taken over protecting clients.
Responsibility over maintaining discipline and order is maintained (Key, Azab and Clark, 2019).
Activity 2
Activity 2A
Code of ethics
Code of ethics is related to those guidance over principals which helps in performing of
professional conduct in fair manner with honesty. Code of ethics is an document that makes
outlining of mission and value of an organization possible. In this approaches and problems in
relation to ethical principals is based over making organization develop its core values with
standards to be followed in professional manner. In this certain key consideration has been
mentioned that are as follows:
 Code of ethics mainly deals with ethics and professional practices with employee's code
of conduct to be followed in an organization.
 Ethical code helps in setting of guidelines which has to be followed regarding
professional conduct within an organization.
 Members of an organization makes violation of code to be done which results in
sanctioning through termination.
In various industries banking and financing is been followed with specific laws that has
to be govern with the help of business conduct. In code of ethics voluntary adoption is done.
Business ethics is refereed over ethical principals which makes guidance business over business
operations done. Common issues related over business ethics and includes employer-employee
relating with discrimination, environmental issues, bribery and insider trading with social
responsibility. In this many laws is been covered as they make basic ethics standards within
business community and depends upon developing of code of ethics. Despite of size in business
and managements of staff an set standards has to be followed which makes ethical code of
conduct to be followed by employees. It is the responsibility of administration which has to
make sure that ethical code is been followed by employees also. This makes ethics applicable
over employees within an organization(Howard, 2017)
Compliance-Based Code of Ethics

In this main focus is upon regulating issues which makes safety and standards
maintained. Further such code of ethics sets guidelines over conduct by determining of penalties
over violation.
Value-Based Code of Ethics
Under such ethics addresses of an organization makes companies core values to be
enhanced. As per this standards is been outlined over responsibilities which makes conduct in
relation to making responsibility over standards developed in relation to large public good and
environment. These value based code of ethics is addresses values and moral of an organization .
Also outlines standards and regulation to be followed by an organization for maintaining of good
working environment.
Code of Ethics Among Professionals
in relation to professionalism financial advise should be gained from Securities and
Exchange Commission or a state regulator authority. They makes ethical code of conduct to be
analysed by maintaining there fiduciary duty. (McLeod, Payne, and Evert, 2016)
Activity 2B
What are the rights of the client? Outline one of these rights in detail.
Clients also known as employee considered to be part of stakeholders within an
organization. They help in achieving of task with more efficiency and effectiveness. There are
certain rights possessed by employee or clients and these are as follows:
Right to get salary: This is one of the most important right that is been possessed by employee.
Under this right he or she is legally bound to get pay according to work done by them.
Other right that is bee possessed by them has been given as follows:
Rights to get equal opportunities at workplace.
Right to not get discriminated on basis of cast, gender or (colouruerrini and et. al., 2020).
Right to maintain privacy regarding his or her personal information.
What are values, attitudes and stereotypes?
Values are based ethical code of conduct within an organization. Attitude of an
employee is related to his or her behaviour at workplace. Stereotypes are those ideas which exist

from very long time and contain rigidity in nature. Such elements, impacts employment
condition in both negative and positive manner within an organization.
How can you be culturally sensitive?
In an organization diversity exists in employee. As individual from every region work
together which make cultural sensitivity to be developed in them. It is responsibility of employee
to maintain coordination through communication that increases cultural sensitivity (Gibney,
2018).
What are your organisational policies and procedures on disclosure and confidentiality?
Being part of an organization privacy laws has to be used in order to maintain
confidentiality within an organization.
Which information should be kept confidential and how can you ensure it is kept as such?
Information like PAN number, marital status, age, cast and personal mobile number is
required to be kept under category of confidential information. These can be kept safe by
preparing software which stores information in proper manner.
Activity 2C
Name an ethical issue or dilemma you have been involved in at the workplace. How did you deal
with this, in terms of who you discussed it with?
In business ethical issues is a such situation where moral conflicts arises and should be
address in effective as well as efficient manner. It occurs when scenario create bias and conflicts
with society's morals principles (Gao, 2020).. In includes both the conflicts whether it is relates
to business or individuals. It is created between employer and employees , among workforce,
between trade union and employer etc. many times these conflicts become legally dangerous as
some options to solve the issue might be breach some laws. Ethical issues are so challenging
because if no guidelines are provided that it is difficult to handle such situation. For that , many
industry and professional association should prepare and maintain ethical codes which are
approved as well as discussed by various key participants to provide essential and useful
framework for individuals or organisations to take decisions regarding whenever it is face by
company. Using code of conduct in the organisation future conflicts which may be arise in future
can be avoided with the help of this. Different types of ethical issues which are generally observe
in the business environment of organisation.

 Discrimination: It is not just unethical as in so many cases it is illegal also. In
organisation discrimination is done on the basis of gender, religion , ace, age etc. Other
most common discrimination is that firing the employees if they reach on retirement age
and provide promotion to individuals of ethnic minorities.
 Harassment: It may be in the form of teasing, sexual abuse, bullying, racial slurs etc. As
it is unethical problem for corporate if top management aware regarding harassment from
clients and no action is taken by them to prevent it or to neglect or avoid such situation.
 Health and Safety: It is an another example of ethical issues which is often must be
protected by law. As due to lack of safety measures it leads to increase chances of
injuries, and due to lack of medical facilities or cleanliness in organisation may tends to
create health problems that make negatively impact on business also.
 Abuse of leadership authority: As beyond the workforce it can be extended because top
management or manager make unfair use of their position as they give credit to
themselves for that work which effectively performs by their subordinates, and tends to
accepts all the gifts which are given by suppliers (Ford, 2020).
 Favouritism & Nepotism: Nepotism is exist when organisation hire someone because
they are member of family. Favouritism prevails due to personal reasons as particular
employees consider better than other workers who are not connects to employee’s family.
As it is not only unfair but also it demotivated employees and lose their confidence level.
 Corporate Espionage: In these companies important data is to be misuse by top
management or by colleagues. In such situation intellectual property is stealing by
employee and helps to make available to competitors as it reveals all the crucial
information to outside people. It is mostly done by person for monetary purpose. On the
other hand it also support employees to gain good position in another company.
Way to avoid ethical issues in business
By preparing better strategies and policies unethical behaviour can be corrected. On the
other hand it is necessary to adopt few tactics to overcome with the problems.
Formulate policies for company and make sure that workforce of company must read them
before they start working. It involves both social media policy as well as privacy policy (Ekdale,
and Tully, 2019).

 Need employees must be sign non disclosure agreement before they start working with
sensitive information as the document involves negative language that if any violation is
done than it leads to attract high penalties and punishments.
 Check the important documents or books twice on daily basis . If you detect theft than
there is need to decide whether to firing the individual or group is enough or it is
compulsory to report to police officers that they perform crime.
Thus Australian organisation must use ethical law in the organisation so that to reduce
conflicts or tends to improve good environment in the business and these laws also help to give
security to workforce who are engaged in the company.
Activity 2D
What are your own personal values and attitudes on the subject?
Personal ethical value is greeting everyone with smile which makes positive environment
at work place. Then coordination is another value which makes team work possible. Further
discipline and punctuality which helps in maintaining order at work place (Borenstein, Herkert,
and Miller, 2019).
Activity 2E
What is the strategy for making an ethical decision?
1) Analysing those circumstances which may result into conflict.
2) Evaluating of factors which may result into conflict of interest.
3) Perspective should be understood in relation to processes in an organization.
4) Judgements requires review in relation to interests achieved.
5) Examining of moral values makes ethics maintained in an organization.
Activity 2F
What is unethical conduct?
An conduct done by employee in the form of theft, showing anger and unhealthy way of
talking comes under unethical behaviour (Black, 2018).
Who should you report unethical conduct to?
It should be reported to management or any higher official.

Activity 2G
Define a conflict of interest.
Conflict of interest is mainly related upon involving of multiple interests in relation to
finances gained in the form of profit. This leads personal interest to be served. It is illegal
activity in corporate world and makes violation of ethical cod of conduct within an organization.
How can you manage a conflict of interest?
In order to manage conflict of interest following steps has to be used that has been
explained as follows:
 Risks should be identified.
 Restriction on illegally attained private interest.
 Awareness in relation to conflict regarding various circumstances requires to be spread
for making positivity attained in working process of an organization.
 Process requires to be developed in relation to avoid conflict of interest.
Activity 3A
Identify the opportunities in workplaces to improve work practices to meet legal and ethical
responsibilities.
There are various kinds of opportunities that are existing at workplace within which it
includes both legal and ethical responsibilities(Bathini and Kandathil, 2019). These opportunities
include behaviour of employee, productivity within working of an employee and makes fair
practices to be developed in working pattern of employees. All these opportunities helps in
developing of ethical standards and legality in an organization to be maintained.
CONCLUSION
From the above discussion it can be concluded that law and ethics are one of the most
important part of an organization which helps in developing working process within it. Further in
these file legal issues at work place has been identified. Also negligence, duty of care and tort

laws has been covered. Further civil and criminal law has been covered and code of ethics
explained. In this file working act in relation to Australia told with rights of employer and
employee. Then in the end opportunities is explained in relation to legal and ethical practices in
an organization.

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