166 ANALYSING HUMAN RESOURCE MANAGEMENT
as responsible for the practical application of ethical principles, have a
realization of their advocacy role on behalf of employees, play the role of
organizational conscience (Macklin 2001), and have a duty of consistent
enforcement of rules. Arguably there is a pass on this test. There remains
though the problem that HR practitioners have not been held liable for
bad job design in the way that, for instance, engineers are held account-
able and face litigation for faulty material designs. Code:EthCode
9.Code of conduct specifying specific prerogatives, role relative duties, and
altruistic duty to clients.There are no explicit rights corresponding to
arms-bearing, oaths of profession or occupational norms requiring client
welfare to be paramount. But a code such as this could be devised where
not yet present. Selective confidentiality and disclosure are a clear need
and duty in the role. Although organizational and sectoral codes are com-
mon, specific codes of conduct for HR practitioners are not uniformly
found or enforceable. Code:Spec/Cond- There is node-registering mechanism. HR practitioners are not usu-
ally sued for bad risk management or professional malpractice. Code:
Expel - Little or nocontinuing educationis mandatory, but ongoing up-to-date
knowledge is essential. Code:Contin/Ed
12.Unequal knowledge, fiduciary relationships, and vulnerability of the client
are quite strongly featured in the HRM role. HR practitioners monitor
organizational policy on interview panels, promotion meetings, with
respect to enforcement of EEO, etc. But the organizational context and
contractual status mean there is a countervailing duty of loyalty to the
organization, picked up again at mark 16 under whistle-blower. We will
return to this matter in the conclusion. Code:Fiduciary
13.Professional-like detachmentis required in many situations, although
firms may not at present support independent judgement by HR prac-
titioners. The special kinds of intrinsic satisfaction which attend profes-
sional life, due to the ultimate goods/needs which it mediates, can apply
to an HRM job well done. Code:Detachment - The goods and rights at stake in HRM disputes such as EEO and freedom
from danger and harassment havestrong public ethics/justice relevance.
Code:Distjus
15.Right to appear/advocate/practise within an institutionalized system.An
industrial advocate is often permitted to appear before an industrial
tribunal on the basis of HRM expertise or standing, and need not be a
lawyer. But there is no equivalent to the right to appearance within the
adversarial structure of criminal law or the right to practise in a clinic or
hospital. Code:Pub/Citclaim