Communication skills for ESL teachers

  

A fundamental to good teaching and learning are questioning. When teachers have effective questioning methods, as a significance feature of their lessons, students will most likely to:

1.                  Develop a much fuller understanding because they would try explaining it by themselves

2.                  Could easily recall their existing knowledge

3.                  They are clear on the main point of the lesson

4.                  Able to handle tasks or problems at a higher level, therefore expanding their ability to think

5.                  Able to link their prior knowledge with the ideas in the lessons

6.                  Clear about the task and knows what to expect; easily connects with the task

7.                  Be able to develop independence thinking and learning

Common issues

Students understanding of a topic or idea is usually not fully developed as the teachers would expect them to be. Students from disadvantaged backgrounds may respond with negativity to some form of questionings due to lack of self – esteem and their desire to appear respected in front of their friends. Therefore by modifying on how questions are asked will improve their interest in learning.

Handling the issues

Effective questioning is a skill that can be learned. All teachers’ questions their students, but in order to do it well, it requires an understanding and planning on how to make a student engage with the lesson and thus pushing them to think.

How can we be an effective questioner?

1. Knows how to promote responses and having students to response on questions that are given
2. Knows how to plan questions for and during learning
3. Knows how the technics used for questioning could improve students cognitive abilities
4. Knows how to avoid pitfalls and knows how to plan alternative questioning technics
5. Learn classroom tactics on how to be an effective questioner
6. Able to respond to students answers, that will encouraged them to participate more

The most important feature in the classroom are the interactions between the students and their teachers. It doesn’t matter if teachers are to help learners to learn basic skills or better understanding in solving problems, or to be engage in high level thinking, questions are vital. Questions doesn’t have to be only the teachers asking them to students it could be done the opposite way. Both is important in teaching and learning. Questioning is a principal skill that anyone can learn and use it. Therefore, ways to help students to develop their own ability and knowledge on how to raise and formulate questions could be learned. Raising questions and knowing the right questions to ask is one of the important skills that pupils need to learn.

Research into questioning has given us some clear points on how it works. These provides the basis to improving classroom practice. The common issue identified is that students are not given enough time for them to think of an answer, the other issue is, some teachers has the tendency to ask too many questions of the same type.

What is the purpose of questioning?

Teachers ask questions for several reasons.

1. To get students attention and interests
2. To challenge students thinking
3. To check on their understanding and prior knowledge
4. Stimulating their prior knowledge in order to create new meaning and understanding
5. To have students focusing on key concepts and issues
6. To extend students way of thinking from concrete and factual to evaluative and analytical
7. To lead students with planned sequences which in turn establishes key understanding
8. To nurture their way of reasoning, evaluation and problem solving
9. To promote students way of thinking on what they have learned.

Open and closed questions asked will depend on the reason for asking it. If teachers wants to check on their students understandings, they can use close questions. Close questions have only one clear answer. Example questions like, “What is the name of the main character in this story?”.

But, if we want to help our students develop a higher level of thinking skills, we should ask open ended questions. This allows the students to give variety of responses that are acceptable. Open ended questions are useful to ask during debriefings and discussions. Example questions like, “Based on the story, what moral values that we can learn from it?”. Questionings tactics is sometimes used to bring the students attention back to the lesson. For example, “Do you agree with this Gary?”.

Questioning pitfalls and solution

Even though the common form of interaction between a teacher and her students are questioning, but, sometimes, those questions are not always well said or productive for students learning.

Not clear on why the question was asked: teachers need to refer back to what kind of lesson that they are planning. Does it focuses mostly on the facts, or rules? Or sequences of actions? If that is the lesson plan, close ended question is much more suitable. It relates directly to the knowledge. But if the lesson plans are made to focus more on concepts or comprehensions, open ended questions would be more appropriate. Because it will relate students on how to analyse and evaluate.

Too many questions are asked at one time: asking about an issue that is complex will result to complex questions. And because these questions are done orally, students will find it difficult to understand what is needed and easily become confused. When dealing with complex issues, teachers need to tease out the issues first and to focus on one idea only. This helps student’s use concrete, direct language.

Asking difficult questions without constructing the students: when there is no planning of questions with increasing difficulty the above happens. Sequencing questions helps students to climb to a higher level of thinking.

Not serious in treating students answers: sometimes teachers ignores answers that is a little off topic. By doing so, they fail to see the effects of these answers and would certainly missed out the opportunity to construct on them. Teachers should ask the pupils why they gave that answer in the first place, also ask them if there is anything that they would like to add to that answer. Ask other students to help extend the answer, but it is important not to cut them off and moving on too quickly if the answer is wrong.

Dealing inefficiently with misconceptions and wrong answers: teachers’ sometime has the idea that they might risk damaging their students self – esteem if they correct them. But, there are ways of handling this, the positive way. Teachers could use scaffoldings or providing prompts to help their students correct their mistakes.

Some other practical tips for teachers when practicing questioning sessions are, teachers should be clear when asking questions. We need to make sure that the students do what we want them to do. Next is, to plan sequence of question to challenge students cognitively. Always give time for the students to answer and when necessary, provide prompts.

How to make effective questioning

Effectiveness is central to how questions are asked. All students will respond well to teachers that shows interest in their ideas and opinions. The way teachers asking the questions or listening to how students’ response is important. Good teachers always shows genuine curiosity when asking questions, this is to invite their students to think together with the teacher. For example, “How do we know that this is the correct way?”. And the way teachers respond to students’ answers are also important.

Creating an environment where students feels that there is no harm in making mistakes: This is vital. If students to build their own confidence and taking risks. To avoid students feel vulnerable, teachers may ask the students to write the answers at the same time and then hold them up so the teachers could see. And it is also vital that whatever students contributes are to be taken seriously by both teachers and the whole class. Contributions from students are listened to and taken seriously by both the teacher and the class. Ensure that the other students give proper responses and not be critical. Teachers could also model making mistakes, just to show their students that it is alright to make mistakes.

Probing: when a student’s responds to questions, probing’s are useful and can be used to dig into more informations, to clarify on their responses and to get the students to extend their answers.

Providing students the sufficient waiting time: if a teacher could spend around 3 seconds to wait for the students respond and before giving out the next questions, there are several benefits for that. Teachers could encourage students to give variety of responses and also building confident in them to take the ‘risks’.

Why is repertoire of questioning strategies important?

When students gives active responses to the learning, then the questioning is effective. As suggested by Borich 1996; Muijs and Reynolds 2001; Morgan and Saxton 1994; Wragg and Brown 2001, effective questioning has the following characteristics:

• Objectives of the lessons are linked closely with the questions prepared.
• Close end questions used to check understanding of the students
• Open end questions dominates.
• Learning of basic skills are increased by having questions that exposes new content.
• Sequences of questions are planned for the cognitive level to increase as the questioning goes on. Ensuring the students are to answer questions that needed higher thinking skills.
• Students have their own opportunity to ask and answer questions amongst them.

Their research tells us the importance of using open, higher level questions in order to develop students thinking skills. There must be a balance between open end and close end questions, but, depending on the topic or objectives of the lesson.

If students did not respond to the teachers, then there is no point whether you have structured and planned a good set of questionnaires. This is the drawback with students that are shy, students that are not interested in learning or older students that are not used to interactive learning.

Rowe 1986; Black and Harrison 2001; Black et al. 2002 had identified some strategies to attract students attention and to get them to respond. To provide an environment where students feels safe in making mistakes and not be judged or ridicule. Good prompts given by the teachers to build confidence for the students to at least try to answer. A ‘no – hands’ approach on answering questions, where teachers chooses the respondent. And lastly, wait time of 3 seconds.  Rowe 1986; Borich 1996, their research shows that the average wait time is 1 second.

“Lower-level questions usually demand factual, descriptive answers that are relatively easy to give. Higher-level questions require more sophisticated thinking from pupils; they are more complex and more difficult to answer. Higher-level questions are central to pupils’ cognitive development, and research evidence suggests that pupils’ levels of achievement can be increased by regular access to higher-order thinking”

The above are research done by Borich 1996; Muijs and Reynolds 2001; Morgan and Saxton 1994; Wragg and Brown 2001; Black and Harrison 2001.

It is useful to use Blooms Taxonomy (Bloom and Krathwohl 1956) when creating and structuring high level questions. It classifies on levels of intellectual behaviour that is important during learning into six levels of complexity and abstraction. Those are:

1. Knowledge – to describe, recall
2. Comprehension – to translate, review, report
3. Application – to interpret, predict
4. Analysis – to explain, analyse, criticise
5. Synthesis – to design, create, construct
6. Evaluation – assess, compare, argue, select.

From the scale of order, knowledge is the lowest and evaluation is the highest.

Therefore it can be concluded that, researches has suggested that good teachers uses a great number of open questions. With, of course, mix of both open and close end questions depending on the lessons objectives. Teachers that doesn’t provide open end questions may provide inadequate cognitive challenges for their students. Because of its main importance in teaching and learning, questioning is by far the most researched area and the most successful.

Referring to Blooms Taxonomy, the questions that are prepared according to the text ‘The Arrogant Swans’ are as follows.

1. Knowledge – for students to retain information for specific task or other related informations

§  What is the story about?

§  Who paid golden feathers to the King?

2. Comprehension – for students to process the knowledge that they already had to answer the questions

§  What do you think happens to the swans when the bird went to see the King?

§  What did the bird plead to the swans?

3. Application – students to apply their existing knowledge to apply to a new context.

§  What do you think happen to the swans after the King gave his orders?

4. Inference – to link students to a more abstract, conceptual thoughts

§  What moral qualities does the story teaches you?

§  Why do you think the swans doesn’t allow the bird to stay in the river?

5. Synthesis – for students to collect from available knowledge and respond to new knowledge

§  What would you do if you were in the bird’s situation?

6. Evaluation – students to use their knowledge to form their own judgement and to stand by them

§  Is the King’s action towards the swans appropriate? What do you think?

§  What conclusion could you draw from this story?

Summary

Why repertoire questioning? Repertoire questionings will assist students to expand the way they think that are usually based on contractual and factual thinking, to ways of thinking analytically and to evaluate. Repertoire questionings also helps to establish key understanding, students must be lead through a planned sequences of questioning. This method also allows students to problem solving, formulation of hypotheses and also to promote reasoning and the way they have learned. Researchers has proven that questioning technics helps develop critical thinking and cognitive ability for the students. The way teachers imply them is important. Teachers must learn on how to attract students in the lesson and in way of questioning. It is crucial for the students to feel that the questions put to them are not as if they are being interrogated. As said before, questioning is something that both teachers an students can both learn and benefit from it.

“we learn 10% of what we read, 20% of what we hear, 30% of what we see, 50% of what we hear and see, 70% of what we discuss with others, 80% of what we experience ourselves and 95% of what we teach”

(William Glasser)

REFERENCES

v  Morgan, N. and Saxton, J. (1994) Asking better questions: models, techniques and classroom activities for engaging students in learning. Pembroke. ISBN: 1551380455.

v  Rowe, M. B. (1986) ‘Wait time: slowing down may be a way of speeding up!’. Journal of Teacher Education 37 (January–February) 43–50.

v  Black, P. and Harrison, C. (2001) ‘Feedback in questioning and marking: the science teacher’s role in formative assessment’. School Science Review 82 (June) 43–49.

v  Pedagogy and Practice: Teaching and Learning in Secondary Schools (2004). Viewed at http://dera.ioe.ac.uk/5671/2/cea27fdd968639560cb245efafd9c2ff.pdf. Accessed on 12^th March 2014

Code switching for power wielding

1.       What is code switching

Language is a way for us to understand and communicate with each other. But, in every language, there are different ways to, or how we communicate with others. Either, formal to informal speech or, from one different language to another different language to suit the situation. Everybody during their lives had code switch. Code switching doesn’t really concerns codes. It is a linguistic sound that refers to the movement or shifting from one cultural language or one dialect to a different language or dialect. When a speaker is in contact with 2 or more languages, the term used by linguist are language contact phenomena or bilingual speech. Which in general, the definition is ‘code switching’; this basically means using or shifting of one or more languages to a different one within the same conversation or according to a situation that requires them to code switch. Code switching is not the same as lexical borrowing, whereby lexical borrowing is a borrowed word from one donor language to be used in the recipient language.  Examples for code switching and lexical borrowing is as below.

Code switching example

“For once in your life, cuba dengar nasihat orang” (code switch from English to Malay.)

“Kami nak pergi dinner di restoran” (code switch from Malay – English – Malay)

Lexical borrowing example

Hijab – tudung [head cover] (Arab (donor language) words borrowed for use in (recipient language) Malay)

Amok – rampage (Malay (donor language) words borrowed for use in (recipient language) English)

One major difference between these two is that borrowed words usually follow the morpho-phonological patterns (interaction of word formation) of the recipient language, unlike code switching.

                        “Code switching performs several functions”

(Zentella, 1985)

As stated by Zentella. There are many reasons a person code switch. For example 1) to hide memory or fluency problems in the second language, 2) to switch from a formal to informal situations or vice versa, 3) power wielding or to apply control. Between a teacher – student, supervisor – staff, parents – children relationships, 4) code switching is also use to make even side of the speaker to and with others such as to show him as a member of a specific ethnic group.

“Code switching also function to announce specific identities, to create certain meanings, and facilitate particular interpersonal relationships”

(Johnson, 2000, p.184)

1.1     What is Power Wielding in code switching – the relationship and why it is important.

Language is the primary means of power wielding in our society and also considered to be as a societal occasion in which we distinguish ourselves to be either as individual or as a member of a group. In multi-language conversations, one of the sensible ways on the use of language is intervention of power. The concept of power can be described to be one of human’s social behaviour. Power is having the potential to carry one’s own will even if it opposes to the interest of others. During a conversation, influence and control can be achieved in many ways. Such as, linguistically, by code switching, both speakers can negotiate social relations and identities, therefore every linguistic act is considered as a social act. In code switching, one of the pragmatic linguistic means of negotiating power relations and identities is of course language variation and the specifically bilingual tool is the way to achieve it. For example a preschool teacher, teaching English to her students, she will consciously code switch in order to ensure that her students gets what she have been teaching. And also to show that the social relations between her and her students, is that she is a teacher and is there to teach, for the students to learn from her teachings.

            “Do you understand me? Kamu faham tak?”

A manager also may code switch to show authority to his staffs and to show importance.

            “Dokumen ini perlu dihantar petang ini. I need you to prepare it as soon as possible”

However, the efficiency of a power motivated language choice is determined on the status of the two languages. One language can be more powerful than the other, and therefore, bilinguals will have a powerful and powerless language. They also have the advantage of selecting between these languages and with it, be used as the means of power. Thus, participant who is the most influential in a conversation will be able to choose which language that he or she prefers within the conversation.

To show how code switching and power wielding comes together, an Associate Professor from Copenhagen, Lian Malai Madsen, studied the linguistic development of bilingual Turkish – Danish children’s in a Danish school (Madsen, 2001). Starting from their first day in school until the time they graduated in 1998, 9 years later. The data was compiled from a group conversation that is recorded. She finds that different pragmatic linguistic variation and code switching strategies are used by these bilingual children’s as means of power relationship negotiation, strategy for dominance and to handle conflict.

Code switching, - Power wielding

Defence Counsel :         Yang Arif, it has to be highlighted in the case of PP against Hai Min in 1971, that the described law that even the falsity, the falsity of the defence does not relief the prosecution from proving this case beyond reasonable doubt and that is very important Yang Arif. Thus it is submitted Yang Arif, that this honourable court should under the circumstances and in light of the evidence presented during the defence case reveal its ruling that a prima facie case has been made out for the defence for the accused to be call. This court Yang Arif is not …. official to do so. And we further submit Yang Arif, that upon the occasion of the Section of 37(da), the accused will need to number one, raise a reasonable doubt on the issue of possession, b) if they fail to do so they will need to rebut the presumed trafficking under Section 37(da) on balance of probability. Now, if they succeed in raising a doubt on the issue of possession, they must be acquitted entirely, but if they fail to do so, but manage to report the present trafficking charge they will be convicted on the lesser offences of possession Yang Arif. Yang Arif pihak pembelaan telah dari awal mengemukakan cadangan – cadangan menerusi saksi – saksi pihak pendakwaan which have in turn Yang Arif materialized into evidence upon the sworn testimony of both the accused and to which it has been collaborated by the particular SD3. Which we educe as follows Yang Arif. I will not go into detail Yang Arif because my submission will also touch into the crux of the defence story. So at page 7, 8 and 9, kami menghujahkan atau perkara – perkara tersebut to be considered wrapped, Yang Arif.

                                    Yang Arif, there must be an overt act di dalam kes ini, bahkan Yang Arif, in all case of an overt act; it must be shown that they have the power of disposal over it. And they had, they can exclude other people from the enjoyment of that property Yang Arif. Now it is clear, from the very beginning, the defence case adalah beg tersebut bukan milik mereka. They were just in possession, momentarily possession of these 2 bags Yang Arif, yang telah diberikan oleh Christina. Dan telah ditunjukkan apa kandungan beg tersebut. And in case of Shamsudin bin Hasan, Yang Arif, where the chain of evidence which is led by the prosecution has been broken, this honourable court is left with no trustworthy evidence to rely upon. This material gap must be closed by the prosecution; it is not upon the duty of the defence di dalam kes ini. But nevertheless, the defence has adduced those evidence which the gaps are glaringly appearing. In this case, what actually transpired before the arrest took place, what actually transpired in the hotel to which SP5, had actually mention dan telah mengesahkan bahawa kedua – dua OKT telah keluar. SP5 mahupun IO tersebut tidak mengesahkan bahawa merekalah yang duduk di hotel tersebut, merekalah yang menyewa hotel tersebut Yang Arif. And this is very important. I move on Yang Arif. At page 40, we submit on the doctrine of wilful blindness. Where the learned DPP had submitted at the close of the prosecution case, the doctrine of wilful blindness applies. Our submission is thus Yang Arif. Dihujahkan bahawa OKT 1 telah menjelaskan mengapa beliau sendiri tidak memeriksa kasut – kasut yang diberikan kerana adalah merupakan custom warga negara Afrika untuk tidak membuka barang orang lain. This is important, wilful blindness is subjected to the custom of each and every nationality ataupun each and every person. Dengan penjelasan tersebut dan tanpa dicabar oleh pihak pendakwaan, that evidence remains solid and it could not be disturbed. Yang Arif, I have just one case. If Yang Arif may indulge me, on the issue of the case of the PP v. Hua Win (1995) 2 SLR 424 at plat 60. This is a Singaporean case. It has persuasive effect upon this honourable court, and bearing in mind that this case had actually been adopted in the Federal Court’s decision on Maulana Hasbi, Zulfikar bin Mustapha and so on and so forth. Now in this case, it is an appeal by the prosecutor that the doctrine of wilful blindness should apply in this case and that apa yang telah dibawa oleh OKT, OKT  was to its own falling for not actually checking what was in the kotak yang telah dibawa. Saya bawa Yang Arif, jika diizinkan, kepada mukasurat 425, tab 11.

Judge                    :       Yes

Defence Counsel   :       I apologize for not highlighting it earlier Yang Arif. But I will guide Yang Arif kepada perenggan tersebut. Perenggan kedua, this is very important. By majority, dismissing the appeal, it was for the Respondent to rebut this statutory presumption of possession of the drugs and knowledge of the nature of the drugs. It was a difficult task in the circumstances because the Respondent had the material to smuggle jams and knew the elicit nature of the contents of the pack. Furthermore, the defence put forth by the Respondent was one commonly used by drug carriers. However it was not the law that by reason of the Respondent knowledge through the elicit nature of the contents of this bag, his evidence is that he did not know that the contents were drugs could not and should not be believed. Such knowledge only renders more difficulties for the Court to believe his evidence very much dependant on the circumstances of the case. As in this case, Mahkamah Rayuan Sivil 4, tidak membenarkan rayuan DPP kerana mahkamah tinggi di dalam kes tersebut telah melepaskan dan membebaskan. Singapore court had affirmed dimana pembelaan OKT adalah seperti berikut: dinyatakan bahawa dia dapat contoh tersebut daripada Lian Wah, dalam kotak tersebut ada jem, illegal jams. He had to carry it to Singapore dan bawanya kepada Tai Yin, he did not check the bag. The learned DPP in that case has submitted on wilful blindness. He did not check the bag. Therefore his evidence should not be believed. But the Court of Appeal had stated it must be based on the circumstances of the case. Di dalam hal ini fakta bahawa beliau sebenarnya terima beg itu daripada orang lain ada dibuktikan bahkan fakta di dalam kes tersebut juga menunjukkan bahawa eksibit tersebut tidak dibuka oleh OKT. Namun, OKT percaya kerana kawan beliau telah menyatakan itu adalah jem. But in our case, we go one step further, di dalam kes ini no other witnesses were arrested. Exhibit was intact and all was tendered and there’s no break in the chain of evidence and no witnesses called to support the prosecution’s case as to what had actually transpired, therefore, keterangan OKT yang disokong oleh SD3 di dalam kes ini yang menunjukkan bahawa beg itu diberikan oleh Christina  dan telah ditunjukkan adanya kasut, he has, we submit, OKT 1 and OKT 2 has fulfil the requirement untuk mengetahui apa sebenarnya yang diberikan atau diserahkan. They did not blindly take the bags, it was shown to them apa yang terkandung di dalam beg tersebut.

2.1       Description of verbatim

The above conversation occurred during a court proceeding. This conversation is during the process of submission, which is done after a full trial. The submission process is to sum up all of the during trial examinations. It is a drug matter (methamphetamine), whereby the accused was caught by the authorities with drug possession, disguised in a box of shoes. And if they are found guilty, they will be sentenced to be hanged by the neck, till death.

The accused defence is, they claim that they did not know the ‘real’ content of the bag, but only as what showed to them as shoes in a box. The bag was handed to them by a woman acquaintance asking for their favour to help bring the bag to another fellow friend. This submission was done by the defence counsel to strengthen the proof of innocence that the defence have against all charges that are put against the accused by the Public Prosecutor. The defence counsel is submitting to the learned judge by referring him to several previous court cases for the learned judge to indulge on the relevancy of the cases to theirs and to break the Public Prosecutor’s prosecutions against the accused. The speaker is the learned defence counsel. His social reaction is with the learned judge. He is submitting to the learned judge to win his case against the Public Prosecutor by putting in citations of winning cases. He is also interacting to the Public Prosecutor submitting against all of the Public Prosecutor’s charges had on his client. To show that they have reasonable doubt on the case. He is also acting on behalf of his client to speak on behalf of them to win the case. The learned defence counsel is an attorney, in his 30’s acting on behalf of his client, 2 Nigerian citizens. The first accused is a man in his late 30’s and the second accused is a man in his late 20’s. They came to Malaysia as a student. The language involved and used by the defence counsel are English and Bahasa Melayu. The purpose of this submission is to uphold the innocence of his 2 clients as claimed against the charges put by the prosecutor. 

The learned defence counsel code switch from English to Bahasa Melayu during his submission to affirm and convince the learned judge on his statement. He also code switch, when he addresses the learned judge as Yang Arif, as to show his respect to the authority of the learned judge.

Code switching is done by the learned counsel; that is transition from English to Bahasa is to show how crucial is the detail of the case given to the learned judge to consider in making his decision. He feels that his first language (English) is powerful, but by stressing it with his second language, Bahasa Melayu, he will be getting the learned judge attention to consider his client’s innocence. In this submission, he is using his ability to code switch to convince the learned judge, to carry his own will of winning the case, even if it opposes the learned DPP’s interest. 

Why code switch?

Here we analyse on the part of where the learned counsel code switch within the submission why he code switched and linguistic choices.

Yang Arif – To address the learned judge. To show respect. Lexical to Yang Arif in English is Your Honour.

pihak pembelaan telah dari awal mengemukakan cadangan – cadangan menerusi saksi – saksi pihak pendakwaan which have in turn Yang Arif materialized into evidence upon the sworn testimony of both the accused and to which it has been collaborated by the particular SD3. – This is to suggest and personalized his messages to the learned judge that his cross examination to the prosecution witness, in turn is solid enough to break the DPP’s accusation. The code switch is accurately put, as a continuation from Bahasa to English.

So at page 7, 8 and 9, kami menghujahkan atau perkara – perkara tersebut to be considered wrapped, Yang Arif. – The learned counsel code switch from English to Bahasa and back again. It is lexical and accurate grammar. He can easily have used, “we submit that the above matter”, but, he needs to emphasize and to advise the court, of the eminent part to be considered covered within his submission. If he just uses the above English sentences, it would not make an impact. So by code switching it to Bahasa, it makes the sentence sounds powerful and with confidence.

Now it is clear, from the very beginning, the defence case adalah beg tersebut bukan milik mereka. They were just in possession, momentarily possession of these 2 bags Yang Arif, yang telah diberikan oleh Christina. Dan telah ditunjukkan apa kandungan beg tersebut. – The learned defence counsel is stressing to the Court about the beg. To tell the Court, that the bags are not theirs. Again, he is code switching in lexical. Instead of saying, “the bags are not theirs” he puts it in Bahasa, to make the sentence sound powerful, and to show confidence and truth within the statement to the learned judge.

In this case, what actually transpired before the arrest took place, what actually transpired in the hotel to which SP5, had actually mention dan telah mengesahkan bahawa kedua – dua OKT telah keluar. SP5 mahupun IO tersebut tidak mengesahkan bahawa merekalah yang duduk di hotel tersebut, merekalah yang menyewa hotel tersebut Yang Arif. – to make the sentence feels dramatic and to show that the Investigating Officer and SP5 had made a loop hole in the case by putting it in Bahasa. The word “mengesahkan” puts the power in the sentence, by stating that, it is not confirmed by the witness and IO that the accused stayed in the hotel. Here, he is convincing and to gain trust from and judgement from the learned judge to believe his side of the story. 

Dihujahkan bahawa OKT 1 telah menjelaskan mengapa beliau sendiri tidak memeriksa kasut – kasut yang diberikan kerana adalah merupakan custom warga negara Afrika untuk tidak membuka barang orang lain. – in this sentence, the code switch is done from Bahsa to English. The word “custom”, which means “adat” in Bahasa. The reason may be on why the learned counsel code switch is perhaps that he is not familiar with the word “adat”. He unconsciously code switch by way of intrasentential.

Dengan penjelasan tersebut dan tanpa dicabar oleh pihak pendakwaan, that evidence remains solid and it could not be disturbed. – Intrasentential code switching is done here to emphasize to the learned judge and to make the sentence powerful. In this sentence, the matrix language is more powerful; than the second language. And again to show that the prosecutors cannot break the defence evidence, because the prosecutors did not challenge the situation that is put to them during the cross examination.

….. wilful blindness should apply in this case and that apa yang telah dibawa oleh OKT, OKT  was to its own falling for not actually checking what was in the kotak yang telah dibawa. – intersentential code switching is done by way of lexical. Here the second language is more powerful that the matrix language. “apa yang telah dibawa oleh…”and “kotak yang telah dibawa…” is just code switching not in the context of putting power to the sentence but may be momentarily lapses of memory. The learned counsel is doing it unconsciously. Because the power in this sentence is put in “wilful blindness…” and “…was to its own falling for not actually checking…”. This shows, on how the familiarity and fluency of both languages is to him.

Conclusion

Some of us have the propensity to code switch in two different contexts such as discussions, meeting and informal conversations. The frequent use of code-switching during formal situation might be the influences of the English reference acquired from our social surroundings or through the existence of linguistics abilities within the speaker itself.

“Code switching is and has variety of linguistic and interactional functions, for example emphasizing, marking discourse boundaries, expressing emotions or opinions, and signalling in-group/out-group membership that can have simple uses in expanding vocabulary. As a sentence produced by a bilingual may begin in one language and finish in another, phrases from both tongues often succeed in an apparently random order. The use of more accessible word may depend on speakers’ linguistic abilities in their two languages or momentary lapses of memory”.

 Nancy Bonvillain (2003)

Since conversation constitutes as the major part of human interaction, code switching serves a new dimension towards linguistics choices as it promotes different functions for expressing affective purposes. 

Professional ethics - ethical problem - workforce reduction

1.0     Introduction

Ethics, defined as a rule of conduct, to have the discipline with dealing in a right or wrong situation. What forms or compose a person’s ethical behaviour varies between one people with another. Although ethics are conformed towards individual in relating to what is right and what is wrong, but this does not include in an organizations. What forms ethic in an individual consists on these factors such as, family, peer and life experience, including the personal values and morals and also situational factors. Having ethical dilemma usually involves on the matter of having to do what we think is right although the outcome might have consequences.

The conflict does not only occur within a personal experience of an individual. Having ethical dilemma in a management can happen. Being in a managerial position, having ethical dilemma usually is when, there arise a conflict within or when it involves the organisation’s performances, economically and socially. The decision of a person in that managerial position must be balanced and to have the decision made without having to jeopardize either one of the above said performances.

There are five characteristics of ethical problems in a management.

1)      Extended consequences

-          This is when the decisions made by the managerial position affect not only within the organisations but also extended to the society outside, which is usually beyond their control. For instance, having to approve products that might affect other people’s health or taking in bribery. Therefore, decisions made on either of the situations or some other, must be done considerately.

2)      Multiple alternatives

-          Not all ethical issues depends on a ‘yes’ or ‘no’ decisions. Some ethical decisions can have multiple alternatives. Such as, should an employment agency use child labour or forced labour? Or, should an organisation ignores the health, environmental or safety standards? Therefore, the managerial position must consider on multiple alternatives before making decisions ethically.

3)      Mixed outcomes

-          Also, when a decisions made even unethically, the benefits would be return to the company or organisations itself, examples such as having good financial returns and social costs. Such as, by paying an amount of bribe, the company can maintain or get new sale contract with one organisation with a big account, with that they can have a permanent customer that will always purchase their products.

4)      Uncertain consequences

-          When a decision is made for this ethical dilemma, the consequences are uncertain. For example, after paying a sum of bribe to the organisation, you will have an account with the organisation and a permanent customer that will always purchase your products. But it might turn the other way. With every ethical decision, the consequences are uncertain.

5)      Personal implication

-          If not all, most of the ethical decisions will have personal implications. It is not supposedly thought that the dilemmas are not affecting the careers and lives of those in the managerial positions.

2.0     Background of the ethical problem

Back in year 1998, recession occurs in Malaysia. This is due to the Asian Financial Crisis. At that time, a lot of companies, big and small are having a tough time coping. A lot of people are ‘let go’ on a ‘last in, first out’ basis. It is definite that the impact of that year recession is felt through all stages of society, people and organizations alike.

With having one of their company values are its people and teams, which by their beliefs in order to deliver strong results which will be impossible to accomplish without a highly capable team. And through that all, their goal is to be the preferred employer within the industry that they are in.

One Human Resource Manager (will then be referred to HRM) from an international oil and gas company are put in the position to ‘let workers go’. The company had hired many expatriate engineers and for other professional positions. The management made a decision to lay off some of their staff. It is up to the judgement of the HRM on how and what are to be considered be it for the employer’s revenue or employee that will be lay off.  The HRM will need to choose whether to lay off the engineers or clerical staff. Clerical staff cannot be dismissed because they are needed to support on clerical duties that are necessary in order and to assist these upper rank positions. As there are a lot of paper work that will need to be done and the engineers will not always be in the office but at site. Same goes for the engineers, if they are dismissed, how are the company’s project be conducted on site? The HRM will need to make a decision on workforce reduction but at the same time to make the company balance and save revenue on paying salaries to the staff during those dire times.

2.1     Organization background

The company is an international oil and gas company. The branch in Kuala Lumpur, Malaysia is one of the branches opened worldwide. The main office is in Norway. The company specializes in oil well equipment supplies and services. It is also involved with downstream offshore projects and also oil and gas consultancy. It is a large scale global company that has the experience of 40 years on offshore and onshore drilling rigs. They also deliver drilling equipment’s and lifecycle services.  

The company believes on that, making money creates new opportunities and the resources for going forward, both for us and for our customers and partners.

The company’s values sets that they share a common set of values and that common set are used as guidance to how they construct their policies and behaviour, and on how they manage their operation.

Their values are they encourage an early and honest communication, open and direct dialogue; the management listens to their employees, hard and straight. No filters, no sugar coating.

The company also values early, accurate and reliable communication. This to their beliefs, when known earlier is easier to solve. The company opts from different opinions and cultures. In order to strive and excel, they challenge each other in a positive manner. The company expects from all of its staffs everywhere, to have the highest standards of ethical behaviour and integrity. They reward the employees on their performance- on what they achieve that is aligned to the company’s value and – how the employees behave. They believe that it is hard to achieve strong results without having a strong team.

The company’s mission is to be the preferred partner in solutions for the oil and gas industry through living up to their set up values and as the preferred employer within the industry. They wanted to strive as a responsible societal actor and see it as the key importance towards this.  They want it to be balanced in areas of people, integrity, and environment and to the community

The company organization consists of (Refer Appendix I).

2.2     Identified ethical problem

The ethical problem identified faced by the HRM is workforce reduction.

What is workforce reduction?

This is when an employer needs to reduce costs by instituting mass termination of employees. It is also known as reductions of force or downsizing. Workforce reduction usually involves in a permanent termination of employment, by shifting employee’s task in order to reduce number of positions of worker, reducing employees work hours or by having institute mandatory layoffs or furlough. Layoffs are permanent termination of employment whilst furlough is a temporary time off in which the company will not pay the employee.

The reasons of workforce reduction may occur due to changes to economic markets, change of management, poor management or other reason that might conflict to why a workforce reduction is needed to be conducted.

When an employer conducts a workforce reduction, which might take some time as several weeks or longer, the employees will be selected and assessed for the possibility of termination. The selection of employees will be based on the performance of the employees, although the terminating depends on the discretion of an employer’s budgets and needs. After the process of selection and assessments are made, the employees are then fired. The employees may be offered by the employer’s benefits in order to ease the transition period after their termination. The employers may provide their employees unemployment compensation or severance packages or in some case the employer will provide placement services. This service intends to assist their former employees in securing another job after they are terminated.

2.3     People involved

Usually during the process of selection and assessment, people involved are usually the Head of Departments, the Human Resource Manager and final approval by the CEO or COO.

The Head of Departments will gave assessment of their opinion on their departmental staffs by filing up a form provided by the Human Resources Department. These forms are usually similar to the appraisal form that is used to assess staffs performance by annual.

From there the forms are passed to the Human Resources Department for checking and selections. These are then compiled and they will be checked with accordance to the staffs MC’s, lateness and credibility. From the selections it will again be assessed by the Human Resources Department on whether the selected staffs are a liable asset to the company or not.

Final decision will be made and it will then be forwarded to the CEO or COO for approval, and finally be laid to the selected staffs that are to be lay off.

3.0     Classification of the problem as an ethical problem in management

There are several characteristics of an ethical problem in management.

1)      Extended consequences

2)      Multiple alternatives

3)      Mixed outcomes

4)      Uncertain consequences

5)      Personal implications

The decision of the employer to have workforce reduction as an act to keep their company stay within the budgeted revenue will always be a conflict for both the employers and employees. How the problem on workforce reduction does, classifies as an ethical problem in management? Explained within three characteristics taken from above:

1)      Extended consequences

To lay off employees will defy one of the company’s values of wanting to be the preferred employer within the oil and gas industry. And by doing or taking that decision, many will go jobless. And should there be one staff that might have a close relationship with one of the upper management or the Human Resources Manager itself, but he or she needs to be laid off, it might jeopardize that said relationship.

2)      Multiple alternatives

Before really deciding on workforce reduction, the management or the company should consider on other alternatives. Such as furlough, freezing of salary and increase of benefits and hiring freeze.

3)      Mixed outcomes

But, by having workforce reductions, the company stands better chance on balancing their revenue that has been budgeted for them by the headquarters. But if the decision is on keeping the staffs, the company will lose the budgeted revenues. But if the person mentioned above be kept, another conflict will be inflicted between the staff on the reasons why they are laid off.

4)      Personal implications

Every ethical decisions made by the management will always have personal implications. Having to make the decision to reduce workforce had to be done meticulously and the information will need to go and be understood by the employees, so that it will not be misjudged. Bad reputation for the Human resource manager might be inflicted by the staff on him or her and the ultimatum is that he or she will be left on having that guilty feeling on having to be the person responsible to execute the command given by the higher management. The people involved in this matter must have the character of being firm and knowledgeable on what the company is facing and why the decision must be made. They must have the courage to stand and face the chosen employees that are to be laid off.

4.0     Analysis of workforce reduction as an ethical problem in management

As mentioned earlier, ethical decisions are not only based on a ‘yes’ or ‘no’ decision. Or whether the decision made is to be right or wrong. To lay off staffs aren’t just merely picking up whom we hate or whom we feel that should be laid off or that the staff needs to be laid off just because of a simple and small typical reasons. Ethical decision needs to be made based on the balancing between both economic and social performance of an organisations.

There are three ways of analysis method of an ethical problems. Economic analysis, legal analysis, ethical analysis.

Here explained on the analysis of workforce reduction.

1)      Economic analysis

To reduce employees are not an easy decision. Laying off employees is costly. The company will need to pay some amount of compensation to the laid off employees. Therefore anther budget had to be opened for the matter. But by the positive side, even though the company might need to spend extra on VSS, but the bigger revenue that are to be concerned off are kept balance. And also the incompetent staffs will be dismissed, and better, stronger team can still continue to give satisfactory results. It is unpleasant for people to lose their jobs, but there will always be a demand on workforce and they will be employed, either sooner or later.

2)      Legal analysis 

Employments are usually done on an at-will employment. What this means is that an employee may be (so long that the termination is not considered illegal) terminated at any point or any reason. Therefore, employees who works on an at-will basis can be terminated should there occurs the need of workforce reduction or downsizing. Not to take matters alight, even at-will employed staffs have their rights to be free from the employments discrimination during the said termination process. The reduction of workforce must not be based on the employee’s race, religion, gender, age, disabilities and national origin. So if any of the above is detected to be violated, the employer can be held liable for employment discrimination. So they need to abide to the termination laws that govern for corporate layoffs. And should the decision is deemed necessary, it should be documented. So that should it becomes an issue, the employer can provide sufficient evidence that leads to layoff and that there has been other alternatives considered and tried. And should it results to litigation, the documented evidence would be sufficient to prove the reasons of layoffs that has been done and that being the only choice after all consideration made. The legal approach can always be one of the way should an ethical decision rises such as this arises, as a way to deal with the decision.

3)      Ethical analysis

By ethics of human feelings, dismissing staff are a wrong code. But the management will need to consider on the structure of normative philosophy in deciding what to do or whether it is right or wrong. Decisions on this kind of matter must take forth for the greater good of the company and by putting themselves as obeying instructions from the upper management as stated by their scope of work.

5.0     Proposed solutions

There are several ways of solving the matter before we concede towards the reduction of workforce. There is by way of furlough. Reduction of work time for the employees by constituting the company’s own schedule time. Such as giving them time off and off days, once or twice a week. Therefore the cost of salary payments can be cut off.

The management might want to take in consideration of having freezing the salary and benefits, and will continue back on track once the company is up on the regular state. But it will need to be implemented and explained by the managements to the employees in detail and updates are to be done periodically so that, no miscommunication would occur.

Should the solutions are not beneficial to the company and still needed to have reduction on workforce, then the company can pursue on laying off by VSS. But this needs meticulous calculations and series of in depth, checking, selecting and assessing are required before final decisions are made. Layoffs should be done by letting go the temporary staffs first before heading on to permanent staffs.

6.0     Summary

By norms, decisions made can be considered unethical for some people as they might not know the reason behind the decision made by the management. But if the decisions are made following the norms, it will certainly defy the mission and vision of the company. As in this case, that making money creates new opportunities and resources in order for them to move forward, both for the company and their customers and partners. So, if decisions are made by not considering this matter, it will be unethical by the side of professional views. By beliefs, the company can stand their balance in revenue in order for them to continue to grow. Employees can always find other occupation due to demands on labour market. But for an organization, they must continue to generate revenue to hold on to the competitive market they are in.

Therefore ethical training must be provided before an employee commences their work. When proper advice and guidance on policy, expectations and any relevant laws or social standard of the company, only then the employee will be well literated and when such situations occurs, they are prepared and able to evaluate the reasons from the action taken by their employer.

(2,921 words)

References

1)      Susan M. Heathfield; Before you do a workforce reduction; (2012)   retrieved on 7th July 2012; http://humanresources.about.com/od/layoffsanddownsizing/bb/cut_workforce.htm

2)      Ken LaMance; Furlough and layoffs differences; retrieved on 7^th July 2012 http://www.legalmatch.com/law-library/article/furlough-and-layoff-differences.html

3)      Ken LaMance; Workforce reductions and downsizing; retrieved on 7^th July 2012. http://www.legalmatch.com/law-library/article/workforce-reductions-and-downsizing.html

4)      Reference on organizational chart; retrieved on 4th July 2012. http://www.theofficialboard.com/org-chart/exxon-mobil

5)      Dr. H.J Ann (Universiti Putra Malaysia) & Dr K.K Tee (Open University Malaysia), (2012), Professional Ethics, version May 2012; OUM