Law assignment management help on: Ethical issue and ethical dilemma

Q1. Is John faced with an ethical issue or an ethical dilemma? Explain your answer

Ans1. John is faced with an ethical dilemma. John is fixed up in a complex situation which involves a mental conflict amongst the moral imperatives. In such type of a situation John is unable to obey one which would transgress another.It is mentioned in the case study that, John was making high levels of money by buying & selling the IPO’s from two of his client groups i.e. Sharks & Cessnas. Once he left the job at BS, he hired as well as trained the brokers. It would have taken high levels of his personal as well as professional time if John would have trained hid brokers in a well defined manner. But at the same time, John had other things on his mind. He planned to get married & adopt kids. With all these things on his mind John was unable to pay attention to the four newly recruited brokers. He was unable to train the brokers regarding the tricks to be followed while buying & selling of the IPO’s.

One fine morning John received a call from SEC regarding some of the trades which were made by the four new brokers. SEC said that, it appeared as if the brokers had some non-public information with them. The agent clarified John that, if this is the case then it would be regarded as a case of Insider Trading wherein some of the non-public information has been leaked out by the enterprise. John clarified the same with one of the four brokers. The broker in return told John that, he was the one who communicated us that an expert should posses an in depth information regarding any of the IPO to be traded. John was the one who trained the new brokers to be well acquainted with the legal as well as illegal aspects attached with the same. John assured the newly hired brokers; he has been doing the same for the past 15 years as of now & did not encounter any problem. John got to know if any of the brokers had non-public information regarding any of the IPO’s then he would be held partially responsible for the same. John has been facing ethical dilemma that SEC would look into the past records & they may be deemed questionable.Q2.Discuss the unethical behavior in the case using the four factors on the left of the ethical decision making framework?

Ans2. The unethical behavior in the case using the four factors of the ethical decision making framework have been discussed as under:

Þ     Describe the problem: The problem which is being faced by John has been discussed within the case. It states that, when John resigned BS he hired four new brokers & was unable to train them in the defined manner.

Þ     Determine whether ethical dilemma or ethical issue: The issue discussed in the case study is an ethical dilemma. John is fixed up in a complex situation which involves a mental conflict amongst the moral imperatives. In such type of a situation John is unable to obey one which would transgress another.

Þ     Identify & rank the key principles: The key principles which are involved in this case study is that John shall have taken out his personal as well as professional time if John would have trained hid brokers in a well defined manner. But at the same time, John had other things on his mind. He planned to get married & adopt kids. With all these things on his mind John was unable to pay attention to the four newly recruited brokers. He was unable to train the brokers regarding the tricks to be followed while buying & selling of the IPO’s.

Þ     Gather your information: Proper information shall be collected which would help in order to resolve all the key problems within the case.

Q3. PETA questioned a number of practices at PETCO. Is PETA a primary or a secondary stakeholder of PETCO? Justify your answer.Ans3. PETCO refers to one of the largest pet supply store established over 950 stores nationwide. All the pet related products such as food, grooming, training, novelty items, toys, small pets, vitamins, etc are readily available. The main of PETCO is to provide its customers varied variety of goods for their pets at a very competitive price. The price offered by PETCO shall be equivalent to the services it offers. Each store consists of approximately 10,000 pet related commodities. People for Ethical Treatment of Animals (PETA) are a secondary stakeholder of PETCO. This can be justified by stating the following lined from the case study. PETA was concerned regarding the alleged cruelty shown to the animals & filed a case over PETCO. PETA was totally against the sale of the large birds as well as keeping in mind that the large birds have denied the space to move as well as exercise here & there. It has been noticed that large birds require high levels of attention & socialization as compared to the small animals or birds. Approximately eight hours a day of attention is required for the large birds. PETCO was unable to provide the same & hence PETA had to take a harsh step against PETCO. Moreover, it has been seen that the animals have been suffering from different types of diseases such as high stress & obesity. According to PETA, 70% of the parrots which were kept under PETCO are dying due to some of the diseases such as miners lungs i.e. pneumonia, dry & stuffy environments.

On 12^th April, 2005, PETA & PETCO announced that they would get into an agreement regarding the welfare of the animals. PETA agreed to end the agreement with PETCO and no longer sell of the birds. PETCO then also agreed to the fact that it will continue to work with its partners to provide fair shelter to the birds as well as the animals. For example, the company started a campaign to separate the mice from rats. This would help in order to prevent breeding of the animals. The “think adoption first” program has been started by the PETCO who has promised to make various types of changes in this program & make it more animal sensitive. PETCO paid approximately one million dollar in order to clear out its settlement with the California lawsuits. The law suit was made against PETCO due to the mistreatment of the animals, birds amongst the various stores located in the five Californian countries.

Q4. Assess PETCO’s corporate citizenship using the four steps of social responsibility.

Ans4. The pyramid of social responsibility at PETCO can be assessed with the help of four steps of corporate citizenship. They are as follows:

Þ     Economic: Some of the economic activities which have taken place by PETCO are that approximately one million dollars were provided in order to settle out the setting at California law suits.

Þ     Ethical: The collaboration of PETA along with PETCO has helped in order to provide animal welfare all across the globe. PETCO then also agreed to the fact that it will continue to work with its partners to provide fair shelter to the birds as well as the animals. For example, the company started a campaign to separate the mice from rats. This would help in order to prevent breeding of the animals. The “think adoption first” program has been started by the PETCO who has promised to make various types of changes in this program & make it more animal sensitive.

Þ     Legal: Some of the legal activities with which PETCO has been abiding too have been discussed as under. PETCO then also agreed to the fact that it will continue to work with its partners to provide fair shelter to the birds as well as the animals. Fr example, the company started a campaign to separate the mice from rats. This would help in order to prevent breeding of the animals. The “think adoption first” program has been started by the PETCO who has promised to make various types of changes in this program & make it more animal sensitive. PETCO paid approximately one million dollar in order to clear out its settlement with the California lawsuits. The law suit was made against PETCO due to the mistreatment of the animals, birds amongst the various stores located in the five Californian countries.

Þ     Philanthropic: Some of the philanthropic activities which have been taken up by PETCO in order to regard the society have been discussed as under. They are:

• Think Adoption First: This philanthropic activity was launched in the year 2005. This activity combines the various efforts which were made by PETCO foundation. This offered a second chance to the animals that have been provided proper shelter after being abused, suffering from various types of diseases, stuffed environment, etc. This program helps those animals a fair network of rescue groups & then work collaboratively with the partners to make companion animal’s available in-store. It has been estimated that approximately 5,700 partners collaborate together in order to save 2, 00, 000 animals in a month.
• Spring a Pet: Spring a pet is a fundraiser for all the animal lovers to donate some amount in favor of the animals. The amount to be donated would range from $1, $5, $10, $20, etc. This amount would be used in the welfare of the animals as well as upgrade their position for the same. Sometimes, this amount is also used in order to provide veterinary care to the homeless as well as abused animals. These funds are also raised in the name of the handicapped animals or disadvantaged animals. It has been seen that more than 900 PETCO stores carry on this fund raiser in order to provide quality treatment to the abused animals.
• Tree of Hope: Tree of hope is another foundation which helps in order to raise high amount of money even at the time of recession. In the year 2008-2009, approximately $s million amount has been raised during the festival season. Over 1.2 million pets were adopted in this drive.
• We are a family too: In the year 2008-2009, PETCO established a “we are a family too” foundation. In this type of a foundation, the companies aimed at providing high levels of aid for the families who have been struggling along with their pets.
• The “kind news” program: The “kind news” program refers to a drive which educates the children & the families to provide a humane treatment to their companions. This program focuses upon the different types of training, grooming, and pet related issues, provide information regarding all types of animals. It also takes into consideration the various tools which would help in order to reinforce the need for companions as well as concern for the living creatures.

Q5. Briefly explain how the ASX Corporate Governance Principles & Recommendations to improve “transparency”. Include examples to support you discussion.

Ans5. The ASX corporate governance principles & recommendations consist of eight principles which highlight how to improve transparency. These principles & recommendations help any organization to practice high levels of transparency. The first principle mentioned in ASX lay down a foundation for management & oversight. This means that companies shall be able to establish the functions which are reserved to the board (ASX, 2007).The companies shall also be able to disclose a process to evaluate the performance of its executives. The second principle within the governance principles & recommendation maintains transparency by structuring the board by adding value to it. This means that, the roles & regulations which need to be followed by the directors, executive officer or the managers shall be done in the most effective manner. This would help in order to evaluate the performance of the board. The third principle adds to the level of transparency by promoting ethical as well as sensible decision making. This means that, the companies should establish a code of conduct which would help them to abide by the various rules, regulations, etc (ASX, 2007). This would also help in order to maintain the confidence as well as the level of integrity of the same. The fourth principle refers to safeguard the integrity in financial reporting. This means that, high levels of transparency shall be practiced by establishing audit committees. The audit committee shall be structured in such a manner which would help in order to provide fair information in a formal charter. The fifth principle takes into consideration the maintenance of timely as well as balanced disclosures. The companies shall establish written policies which would help in order to upgrade the levels of transparency within the enterprise (ASX, 2007).The sixth principle would help in order to contribute towards transparency by the way of respecting the rights of the stakeholders & the shareholders. The companies formulate certain policies which would help in order to encourage high levels of participation as well as disclose the policy by creating more transparency levels. The seventh & the last principle states to recognize risk as well as provide fair remunerations to the people involved. A remuneration committee shall be formulated which would help in order to maintain high transparency levels within the enterprise.

Q6. Use the Connect4 database to access the Corporate Governance Statement within the annual report of one publicly listed Australian company. Discuss the extent, or otherwise, to which the chosen company has complied with Principles 2 and 3 of the ASX Corporate Governance Principles and Recommendations.

Ans6.  The “Woolworths Limited” is the chosen company which has been complied with Principles 2 & 3 of ASX Corporate Governance Principles & Recommendations. This company takes into consideration the principle 2 i.e. structure of board to add value by practicing diversity within the enterprise. This has helped Wools worth limited in order to create various types of diversity in order to enable the decision making process at the different levels of the enterprise (Woolworths Limited, 2010). Woolworths considers that, requirement of Nomination Committee would help in order to consider the various issues at the board level & promote the objectives of the company. Wools worth also comments over the proposal that the “Nomination Committee Charter” shall be able to provide regular as well as report the board regarding the proportion of women at all the levels of the organization.

Woolworths also takes into consideration principle 3 i.e. to promote ethical & responsible decision making. Woolworths keeps in mind that, all the employment within the organization shall be purely based upon merit. This would help in order to focus upon the ownership as well as promote diversity amongst the organization. Wools worth provides a diversity policy. This diversity policy requires fair setting of the measurable objectives on the basis of the gender diversity. The organization does not reject people on the basis of caste, creed, religion, taste, gender. This organization promotes ethical & responsible decision making within the organization (ASX, 2007).

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