Whistle Blower

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TitlePeniup 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 BlowingThe 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 ones 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).

FactorSafetyOne 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.

RevengeRevenge 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.

ReasonFree Speech & Duty of LoyaltyThe 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 ones associates.

Moral OutrageMost 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."

EncouragementEmployees 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 MalaysiaCASE #1 Whistle blower Company : Shamsubahrin Ismail : National Feedlot Corporation(NFCorp)

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

2010 Auditor-Generals 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 VietnamCASE #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 IndonesiaCASE #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 & UKCASE #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.