Fairness: Key Pillar of Corporate Governance for South African SMEs

SME Corporate Governance Best Practices: How to apply fairness


Learn to instill fairness in your corporate governance practices with our comprehensive guide. Explore strategies to ensure equitable treatment of stakeholders, emphasising transparency and inclusivity in decision-making processes.


Strategies for Fair Corporate Governance Practices

Understanding corporate governance and its application of fairness is vital for businesses aiming for sustainable success. Fairness in corporate governance ensures transparency, accountability, and ethical conduct at all levels of an organization. By adhering to fair practices, companies can build trust among stakeholders, enhance reputation, and mitigate risks of legal and financial repercussions. Learn how to apply fairness in corporate governance to foster a culture of integrity, equity, and responsibility within your organization. Empower your business with the principles of fairness, laying a solid foundation for long-term growth, resilience, and stakeholder satisfaction.


How to apply fairness

Corporate Governance Image

Written by: Malose Makgeta

MBA with 20+ years experience in SME development and funding. LinkedIn Profile


Adopting Fairness Standards: McDonald's, Oakland A's and War Dogs


CONTEXT

How to improve your corporate governance is about Identifying and mitigating numerous risks associated with a project.  Managers who anticipate and plan for common business risks are more likely to avoid pitfalls. This skills programme covers the King IV in the context of SMMEs, as well as how to improve corporate governance in terms of defining roles, reporting and disclosure, corporate social responsibility, and risk governance. This skills programme provides entrepreneurs and business managers with a platform and tools for identifying and managing business risks.


Description

Fairness is about the value and standard that allows all shareholders and stakeholders to express their grievances and address any issues or problems related to a violation of their rights.

Purpose

Be able to treat shareholders, employees, vendors, and communities fairly and equally.

Rational

Any corporate entity should treat its shareholders, administrators, and customers fairly. Lack of fairness in the workplace has consequences that go far beyond the emotional well-being of shareholders, employees, vendors, and communities. According to studies, when shareholders, employees, vendors, and communities feel unfairly treated, they are less productive, more likely to engage in deceptive behaviour, and less likely to affect the businesss long-term viability.

Key Lessons



Contrasting Three Titans: McDonald's, Oakland Athletics, and Arms Deals

Golden Arches vs. Moneyball vs. War Dogs

McDonald's, the epitome of fast-food success, stands tall with its global franchise model. On the flip side, Moneyball, the Oakland Athletics' journey, exemplifies a data-driven revolution in baseball. Meanwhile, War Dogs delves into the murky world of arms dealing. Let's contrast these three organisations across various dimensions.

1. Industry and Purpose

McDonald's thrives in the fast-food industry, serving millions with quick, standardized meals. The Oakland Athletics, as depicted in Moneyball, operates in Major League Baseball, embracing data analytics for player recruitment. War Dogs, on the other hand, steps into the controversial realm of arms trading, a stark departure from the consumer-centric focus of the other two.

2. Business Models

McDonald's relies on a robust franchise model, ensuring standardized quality across its vast network. Moneyball introduces a data-centric approach to baseball, challenging traditional scouting. War Dogs, operating in a shadowy domain, engages in arms deals, navigating legal complexities and ethical dilemmas.

3. Leadership and Decision-Making

Ray Kroc's visionary leadership drove McDonald's expansion, emphasising efficiency and customer experience. Billy Beane's data-driven decisions in Moneyball challenged baseball conventions. Ephraim Diveroli's entrepreneurial spirit in War Dogs navigated the complexities of arms trading, albeit in a morally ambiguous landscape.

4. Ethical Considerations

McDonald's and Moneyball operate within more conventional ethical frameworks, focusing on customer satisfaction and sportsmanship, respectively. War Dogs, however, ventures into a morally gray area, exploring the ethics of arms dealing and the consequences of profiting from global conflicts.

5. Cultural Impact

McDonald's has left an indelible mark on global culture, symbolising convenience and American fast food. Moneyball transformed how sports teams approach talent recruitment. War Dogs, with its gritty portrayal, sheds light on the often overlooked world of arms dealing and its impact on global geopolitics.

Conclusion: Diverse Paths to Success

In this triad of organisational narratives, we witness the diversity of business landscapes. Whether serving up burgers, redefining sports strategy, or navigating the ethically complex arms trade, each organisation charts its unique course, leaving an enduring impact on industries and societies.

What is Fairness

The definition of fairness is "treating all stakeholders fairly, including minorities, and providing effective redress for violations." In order to ensure the fair and prompt protection of resources, people, and assets as well as the righting of wrongs, it is crucial to establish an effective communication mechanism.

Fairness refers to the principles, practices, and structures that ensure equitable treatment of all stakeholders within a company. It is an essential aspect of maintaining transparency, accountability, and ethical conduct in the management and decision-making processes of an organisation.

Fairness is concerned with morally correct, honorable, and equitable actions, procedures, and outcomes. Fairness is a virtue that essentially sets moral guidelines for decisions that have an impact on other people. On the basis of appropriate criteria, fair decisions are made in an appropriate manner.

The moral obligations that follow from the fundamental ethical principle of justice are almost always connected to the use of authority to make decisions that bestow benefits or impose burdens. Almost everyone has the authority to bestow or withhold benefits (such as acknowledgement, acclaim, respect, and support) and to place restrictions on others (including disapproval, criticism, blame, and condemnation). Numerous people on a daily basis make decisions that have a big impact on our lives, including parents, teachers, employers, college administrators, building inspectors, and others.

Embracing the value of Fairness is about the decision-making process, not the outcome. Fair decisions are made using available data, in an atmosphere of honest, open dialogue, and with a deliberate effort to remove any biases that may cause perceived discrimination. All of this results in better decisions, happier employees, and a healthier bottom line.

Key elements of fairness include:

By upholding fairness, companies can build trust, foster long-term sustainability, and create value for all stakeholders involved.

Fairness or being fair can refer to:

Substantive Fairness

In general, a fair outcome is one where everyone receives their just deserts, or what is due to them. Unfortunately, there are no universally accepted standards for determining what someone "deserves." Different political ideologies and contexts lead to various and often incompatible standards for substantive fairness. Some argue that equality represents true fairness (each person receives an equal share of benefits and burdens). Others assert that merit is the superior criterion (those who are most competent and produce the most deserve the most). Still, others believe that benefits should be distributed based on need and the difficulty of bearing them. Resource distribution based on effort, social contribution, seniority, and legal rights are additional theories of "distributive justice.

There will always be those who argue that a decision is unfair due to the diverse ways of defining fairness. Based on individual standards, they are correct. Therefore, reaching a single, unquestionably just conclusion when making challenging decisions affecting multiple stakeholders with competing interests is impossible. Moreover, pleasing everyone is impossible. Individuals who believe they won the decision generally perceive the outcome as just, while those who believe they lost typically see it as unjust. This observation suggests three significant guidelines for decision-making fairness.

Additionally, a fair decision must consider both strengths and weaknesses. Applicants often believe their competitors' flaws should be fatal while downplaying their own—absenteeism, lack of relevant experience, erratic personal relationships, a drinking problem, an opinionated personality, a bad reference, etc. Indeed, all these positive and negative factors could be relevant. With numerous potentially relevant factors, any decision will be arbitrary unless the issues are sorted and ranked systematically. While any good-faith decision that balances the strengths and weaknesses of candidates according to stated criteria is fair, those who weigh the factors differently should anticipate accusations of unfairness.

Procedural Fairness

Fairness requires that the decision-making process demonstrates a conscious concern for achieving a fair, just, and equitable outcome. Decisions should be made, and appear to be made, with care, honesty, and objectivity, acknowledging that even a thorough process may not always yield certainty, and something less may have to suffice.

In terms of fairness, two major types of decisions are scrutinised: comparative selections (such as hiring or firing, admitting applicants to medical school, or deciding who should be cut from a team) and factual determinations, which are often accusatory in nature (such as determining if a person lied, cheated, or stole).

Personal and business matters should not be burdened by the formal due process requirements of a court case, but five principles derived from the judicial system help ensure fairness:

If there is reason to suspect, but uncertainty, that a child lied; a friend cheated; a babysitter molested a child; or an employee arrived at work drunk, how to deal with these issues fairly without holding a full-fledged trial?

Principles of Fairness

Fairness requires:

Ways to Promote Workplace Fairness

Benefits of creating a perceived fair work environment include:

Fair Play at McDonald's: A Recipe for Corporate Governance Success

Upholding Fairness: McDonald's Corporate Governance Journey

In the realm of corporate governance, McDonald's stands as a beacon of fairness and transparency. The implementation of fairness wasn't just a checkbox; it was a deliberate and strategic choice. The company recognised that a fair and inclusive corporate governance structure fosters trust among stakeholders, including shareholders, employees, and customers.

Impact on Stakeholders: Building Trust, One Decision at a Time

The impact of McDonald's commitment to fairness is profound. Shareholders feel secure knowing that their interests are safeguarded through ethical decision-making. Employees thrive in an environment that values their contributions, leading to increased morale and productivity. Customers, too, are more likely to engage with a brand that upholds fairness and corporate responsibility. In essence, fairness becomes a cornerstone for building enduring relationships with all stakeholders.

The McDonald's Way: Practical Steps in Corporate Fairness

McDonald's didn't stop at rhetoric; they implemented practical measures to ensure fairness. Board diversity, transparent decision-making processes, and a commitment to ethical business practices became the pillars of their corporate governance. By actively engaging with diverse perspectives, McDonald's demonstrated that fairness isn't just a buzzword but a principle embedded in their corporate DNA.

Sustaining the Legacy: The Long-Term Benefits of Fair Corporate Governance

As we reflect on McDonald's journey in upholding fairness in corporate governance, it's evident that the impact goes beyond immediate gains. The trust built with stakeholders creates a resilient foundation for the company's long-term success. In the ever-evolving landscape of business, McDonald's demonstrates that fairness isn't just a virtue—it's a strategic imperative that pays dividends in trust, stability, and sustained growth.

Importance of Fairness

Fairness plays a crucial role in ensuring the overall health and success of an organisation. It is of paramount importance due to the following reasons:

  1. Trust and Confidence: Fair corporate governance practices instill trust and confidence among stakeholders, including shareholders, employees, customers, and the public. When stakeholders perceive that they are being treated fairly and their rights and interests are respected, they are more likely to engage with the company positively and contribute to its growth and success.
  2. Accountability and Integrity: Fairness promotes accountability and integrity within the organisation. It establishes a framework where decision-makers are responsible for their actions and decisions, and they are held to high ethical standards. This helps prevent corruption, fraud, and other unethical practices that can harm the company's reputation and undermine its long-term viability.
  3. Long-Term Sustainability: Fair corporate governance practices are essential for the long-term sustainability of a company. By considering the interests of all stakeholders, including employees, customers, suppliers, and the wider community, organisations can build strong relationships and maintain a positive reputation. This enhances their ability to attract investments, retain talent, and adapt to changing market dynamics, thereby ensuring their continued growth and survival.
  4. Minimising Risks: Fairness helps minimise risks associated with conflicts of interest, insider trading, and unfair business practices. By implementing transparent decision-making processes, providing accurate and timely information to stakeholders, and having mechanisms in place to address grievances, companies can reduce the likelihood of legal disputes, regulatory penalties, and reputational damage.
  5. Enhanced Stakeholder Value: Fair corporate governance contributes to the creation of value for all stakeholders involved. By considering the diverse interests of shareholders, employees, customers, and the broader society, companies can make informed decisions that balance short-term profitability with long-term sustainability. This leads to improved financial performance, higher employee morale, increased customer loyalty, and a positive societal impact.

Overall, fairness is not only a moral imperative but also a strategic necessity for organisations. By prioritising fairness, companies can build a solid foundation for long-term success, mitigate risks, and create value for all stakeholders involved.

Applying Fairness

Implementing fairness requires a comprehensive approach that encompasses various practices and measures. Here are key steps that can be taken:

  1. Establish Clear Policies and Guidelines: Develop and communicate clear policies and guidelines that outline the principles of fairness, ethical conduct, and accountability within the organisation. These policies should address areas such as conflicts of interest, board composition, executive compensation, and stakeholder engagement.
  2. Ensure Board Independence and Diversity: Promote an independent and diverse board of directors that represents a broad range of perspectives. This includes avoiding undue concentration of power, separating the roles of chairman and CEO, and appointing directors with diverse backgrounds, expertise, and experiences.
  3. Enhance Transparency: Foster a culture of transparency by providing timely and accurate information to stakeholders. This includes regular financial reporting, disclosure of relevant business risks, and explanations of executive compensation practices. Transparency enables stakeholders to make informed decisions and hold the company accountable.
  4. Engage Stakeholders: Actively engage with stakeholders to understand their concerns, needs, and expectations. This can be done through regular communication channels, surveys, stakeholder consultations, and the inclusion of independent directors representing stakeholder interests. Involving stakeholders in decision-making processes ensures their voices are heard and considered.
  5. Establish Ethical Standards: Set clear ethical standards and codes of conduct that guide the behavior of all employees, executives, and board members. Emphasize the importance of integrity, honesty, and fairness in all business dealings and interactions.
  6. Implement Accountability Mechanisms: Establish mechanisms to hold individuals and the organisation accountable for their actions. This includes independent audits, internal controls, and whistleblowing mechanisms to report misconduct or unethical behavior. Encourage a culture where reporting violations is safe and protected.
  7. Promote Responsible Corporate Citisenship: Embrace social and environmental responsibility by integrating sustainable practices into business operations. Consider the impact of corporate activities on the environment, local communities, and broader society. Engage in initiatives that contribute to the well-being of society and address social and environmental challenges.

By following these steps and continuously evaluating and improving corporate governance practices, organisations can foster a fair and ethical corporate culture that benefits all stakeholders involved.

Fair Play in Corporate Governance: Billy Beane's Winning Strategy

The Fairness Revolution: Billy Beane's Governance Masterstroke

In the world of baseball and business, fairness isn't just a buzzword; it's a game-changer. Billy Beane, the mastermind behind the Oakland Athletics' transformative success, implemented fairness in corporate governance with surgical precision. His philosophy went beyond traditional norms, focusing on meritocracy and data-driven decision-making. The impact? A seismic shift in the team's culture and, ultimately, their triumph against bigger, wealthier competitors.

Meritocracy at its Core: Billy's Governance Playbook

Billy Beane tore down the walls of traditionalism, ushering in a new era of corporate governance. The A's, under his leadership, prioritized meritocracy—rewarding performance rather than pedigree. By valuing players based on their on-field contributions rather than reputation, Billy set a standard of fairness that reverberated through the entire organisation. This approach wasn't just about leveling the playing field; it was about rewriting the rules.

Impact on Team Dynamics: Building a Culture of Equality

The impact of this fairness-first approach was profound. It transformed the A's into a team where every player felt valued and had a real shot at success. The hierarchical barriers crumbled, replaced by a culture of collaboration and equality. This not only boosted individual morale but also elevated the team's overall performance. The A's, once underdogs, emerged as contenders, proving that fairness isn't just ethical; it's a strategic advantage.

Data-Driven Justice: Fairness in Decision-Making

Billy's fairness extended beyond the locker room; it permeated decision-making. The use of data to evaluate player performance wasn't just a statistical quirk—it was a commitment to objectivity. By relying on concrete metrics, the A's eliminated biases and subjectivity from the decision-making process. This not only ensured fairness in player evaluations but also set a precedent for transparency and accountability.

Fairness as a Strategic Advantage: Billy's Enduring Legacy

In conclusion, Billy Beane's commitment to fairness in corporate governance wasn't just a moral choice; it was a strategic masterstroke. The impact on team dynamics, decision-making, and overall success is a testament to the enduring power of fairness in the world of sports and business. As entrepreneurs, consider Billy's playbook—fairness isn't just good ethics; it's a winning strategy.

Timing of Applying Fairness

Fairness should be applied consistently and throughout the entire lifespan of an organisation. Here are key instances when fairness should be emphasized:

  1. Formation and Incorporation: From the inception of a company, fairness should be integrated into its governance structure. This includes defining the rights and responsibilities of shareholders, establishing clear decision-making processes, and adopting ethical principles that prioritise fairness.
  2. Leadership Transitions: During leadership transitions, such as the appointment of new board members or executive management, it is essential to ensure fairness. Transparent and merit-based selection processes, along with an emphasis on diversity and independence, can help maintain fairness in the governance structure.
  3. Strategic Decision-Making: Fairness should be a guiding principle in strategic decision-making processes. This includes evaluating the potential impact of decisions on various stakeholders, considering their perspectives, and avoiding undue concentration of benefits or risks to specific groups.
  4. Corporate Transactions: During mergers, acquisitions, or other corporate transactions, fairness becomes particularly important. Fairness opinions and independent evaluations can help ensure that the interests of all stakeholders are considered and protected during such transactions.
  5. Conflict Resolution: Fairness plays a crucial role in resolving conflicts that may arise within an organisation. It involves impartially addressing disputes, considering the viewpoints of all parties involved, and seeking equitable solutions that uphold the principles of fairness.
  6. Periodic Evaluation and Review: Regular evaluation and review of corporate governance practices provide an opportunity to assess the effectiveness of fairness measures. This enables organisations to identify areas for improvement, address emerging challenges, and adapt their governance framework to changing circumstances.

Applying fairness should be an ongoing and proactive effort, embedded in the company's values and culture. By prioritising fairness at all stages and aspects of corporate governance, organisations can foster trust, accountability, and sustainable growth.

Fair Play in the Arms Trade: Ephraim's Governance Gambit

Upholding Fairness: Ephraim's Corporate Governance Strategy

In the high-stakes world of arms dealing, Ephraim Diveroli, as portrayed in War Dogs, implemented fairness as a cornerstone of their corporate governance strategy. Recognising the moral and legal complexities of their trade, Ephraim ensured that their business dealings adhered to a strict code of ethics. This commitment to fairness was not merely altruistic; it was a strategic move to mitigate legal risks and build a sustainable enterprise in a morally challenging industry.

Impact of Fair Governance: Building Trust in a Murky Industry

The impact of Ephraim's commitment to fairness was twofold. First and foremost, it established credibility and trust with both clients and partners. In an industry often marred by secrecy and suspicion, their transparent and fair approach set them apart. Secondly, it served as a shield against legal repercussions, positioning their enterprise on solid legal ground. Fair governance, in Ephraim's playbook, wasn't just a moral imperative—it was a strategic move that paid dividends in the cutthroat world of arms trading.

Practical Implementation: Checks and Balances

How did Ephraim ensure fairness in corporate governance? Through meticulous checks and balances. Contracts were drafted with utmost clarity, ensuring fair and transparent terms. Regular audits and compliance checks were conducted to maintain the integrity of their operations. In a world where trust is a rare commodity, Ephraim's commitment to fairness became a unique selling point, attracting clients who valued ethical business practices.

Lessons from the Trenches: Fairness as a Strategic Advantage

Ephraim's journey in War Dogs teaches us a valuable lesson in corporate governance—fairness is not just a moral obligation but a strategic advantage. In an industry fraught with challenges, maintaining an ethical compass not only builds trust but also safeguards against legal pitfalls. So, aspiring entrepreneurs, take note: in the labyrinth of corporate governance, fairness isn't a weakness; it's a powerful weapon that can turn the tide in your favor.

Corporate Governance Fairness Key Takeaways:

In summary, the imperative of applying fairness encapsulates several crucial facets. Firstly, a commitment to equitable treatment of shareholders is paramount. This involves ensuring that decision-making processes are transparent, accessible, and inclusive, irrespective of the size or influence of stakeholders. By fostering a governance environment where information, opportunities, and engagement platforms are equally accessible to all, businesses can build trust and a sense of shared ownership, promoting a harmonious relationship with stakeholders.

Secondly, fairness in executive compensation emerges as a critical aspect. Transparent, performance-based compensation structures align the interests of executives with those of shareholders, discouraging excessive pay that could be perceived as unjust. This approach not only promotes accountability but also contributes to a positive corporate culture by recognising and rewarding contributions at all levels of the organisation. Fair compensation practices are integral to sustaining a motivated and engaged workforce, ultimately influencing the overall success and resilience of the business.

Lastly, the integration of fairness into corporate governance practices serves as a strategic move for businesses. It goes beyond compliance and legal requirements, becoming a key driver of reputation enhancement. By prioritising fairness, businesses not only build stronger stakeholder relationships but also position themselves as ethical and responsible entities in the eyes of investors, customers, and the broader community. This commitment to fairness becomes a foundational element for sustainable growth, resilience, and long-term success in today's competitive and scrutinised business landscape.



Join the Conversation: Share Your Thoughts on This Article

  • No comments yet.

Add Your Comment Now!


Entrepreneur? Start-up or early-stages?
Entrepreneur? Ready to scale your business?
Investor or Funder? Looking for targeted SME investment opportunities aligned with your mandate?
Business Consultant? Wish to start or expand your business and management consulting business?
Enterprise Development Division and Institution? Are you looking for tailor-made SMEs for strategic development or procurement?