The Case of the Willful Whistle-Blower

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Section B, Group 9: Abhisek Rathi 11P062 Ankit Dubey 11P067 Ankur Dikshit 11P068 G Laxmi Lavanya 11P075 Ishan Agrawal 11P081 Sudeep Shouche 11P115

A

whistle blower is a person who alleges misconduct Whistle blowing is a strong means to deter corporate wrong doing Types of whistle blowersInternal : One who reports misconduct to a fellow employee or a superior within the organization External : One who reports misconduct to outside persons or entities like Media

When

this right is abused, whistleblowers can be as unethical as the company that they are blowing the whistle on Whistle blower is sometimes treated as a selfless martyr, who acts in public interest He is sometimes treated as one who is solely pursuing personal glory and fame

Utilitarianism

and Egoism:

Ken acted in the best interest of the company and its employees as well as his own. Ethical Ethics

of duty:

Even after realizing the flaw in the power plant design, he did not reveal it to the customers Unethical

Egoism:

He was freely pursuing his desires by supporting Ken Ethical

Ethics

of duty:

Though he knew that Jim was not to be blamed, he supported Kens decision to persuade Jim for a transfer Unethical

Whistle

blower : Both internal and external Utilitarianism:He did not take into account the future of the company and its employees before reporting to the media Unethical

Virtue

ethics:

He was being honest to the society Ethical

Clause 49 of the Listing Agreement-provides for a non-mandatory requirement for all listed companies to establish a mechanism called 'Whistle Blower Policy' for employees to report to the management instances of unethical behavior, actual or suspected, fraud or violation of the Company's code of conduct or ethics policy. For public sector The CVC shall, as the Designated Agency, receive written complaints or disclosure on any allegation of corruption or of misuse of office by any employee of the Central Government or of any corporation established under any Central Act, government companies, societies or local authorities owned or controlled by the Central Government.

US

False Claims Act IRS Whistle Blower - Informant Award Sarbanes-Oxley Act of 2002 State Whistleblower Laws Whistleblower and Retaliation Protections Whistleblower Disclosures - US Office of Special Counsel Whistleblower Law Whistleblower Protection Act of 1989 Whistleblower Protection Enhancement Act of 2007

UK

French Whistle blowing Policy Public Interest Disclosure Act 1998 UK

International

United Nations Convention against Corruption (UNCAC)

Ingvar Bratt, a former Bofors engineer who revealed himself as the anonymous source in the Bofors Scandal about illegal weapon exports. An act that led to a new Swedish law concerning company secrets which commonly is referred to as Lex Bratt. Satyendra Dubey, who accused employer NHAI of corruption in highway construction projects in India, in letter to Prime Minister Atal Behari Vajpayee. Assassinated on November 27, 2003. Enormous media coverage following his death may lead to Whistleblower Act in India Sherron Watkins, as Vice President of Corporate Development at the Enron Corporation, helped to uncover the Enron scandal (accounting irregularities) in 2001

Jeffrey Wigand, a former executive of Brown & Williamson who exposed his company's practice of intentionally manipulating the effect of nicotine in cigarettes on the CBS news program 60 Minutes. Famously known as the man who blew the whistle on Big Tobacco and almost single-handedly revealed the health dangers of smoking to the public. S. Manjunath, a formerly manager at Indian Oil Corporation Ltd (IOCL), and crusader against adulteration of petrol. He was shot dead on November 19, 2005, allegedly by a petrol pump owner from Uttar Pradesh