MIDNIGHT JOURNAL ENTRY Case Solution
MORAL INTERPRETATIONS OF MY ORGANIZATION:
Every organization is liable to fulfill all the moral and ethical responsibilities of its employees, which includes health and safety, fair compensation, yearly grants etc. An employer owes his employees certain duties, which again can be implied by the law or may be found in the employment contract. The main duty to pay theemployee the agreed amount if the employee arrives for work and can work. To give the employees correct information about rights under their contract. Violations of employee rights may hurt the company and the employee can protest and go to the court for the violation of employee’s rights.
Employer is also accountable to take care of employee’s health care and safety. Duties of an employer includes to take reasonable care for the health and safety of others who may be affected by their acts or omissions. Cooperate with anything the employer does to comply with OHS (Occupational Health and Safety) requirements.
Some of the main employer’s responsibilities are that certain terms and conditions must be provided to employees within 2 months of hiring. This information must include the name, job title, pay, work hours and notice requirement. If the employer wants to make a change in the contract, it is necessary to make agreement with the employee and vice versa. That is when changing the contract, or part of contract must be in both, employers and employees consent.
Some of the main responsibilities are:
Minimum pay rates i.e. €9.25 per hour must be paid to the employee. (Exceptions such as min age, close relatives are accepted). Pay slips that show the wage and deductions must also be given to the employee.
WORK HOURS/BREAK TIME:
The employee must agree on the given number of hours by the employer. Overtime and holidays must be compensated and time intervals in a day/week/month/year must be given to the employee and must be in his knowledge.
All the employees included part time, half time, permanent, visiting, must be facilitated by the annual leaves and public holiday. Leaves includes maternity leaves, casual leaves, paternity leaves etc.
HEALTH AND SAFETY:
Employers have a duty to make ensure the security of employee’s health and safety. For this, the employee’s must provide and maintain safe workplace, equipment and machineries. To prevent any improper behavior that puts employee’s health and safety to great risk.
DISCIPLINARY PROCEDURES AND DISMISSALS:
All the disciplines procedures that are followed in an organization, must be handed over to the employee within 28 days of hiring. When dismissing an employee, he must be informed before the dismissal.
The basic ethical principles are:
- Principle of respect for autonomy
- Principle of non-maleficence’
- Principle of beneficence
- Principal of justice.
PRINCIPLE OF RESPECT FOR AUTONOMY:
Principle of autonomy says that everybody has a right to do whatever he wants, within the legal boundary and ethical circle. Every person is responsible for his own actions or sayings. Everybody has freedom from all external forces and is independent. This principle has two perspectives:
- To treat everybody as autonomous and independent in their lives. To respect an independent is to weigh a self-governing person’s opinion and choice.
- To protect the people whose independence have been demolished by external factors.
PRINCIPLE OF NON-MALEFICENCE:
The ethical principle says that no one has a right to hurt anybody by any means. But for someone’s bettermentor to save someone’s life, it is a responsibility to harm at the least level to do something beneficent or lifesaving. This ethical principle is mainly followed in hospitals, especially in NICU, where people are fighting for their lives.
PRINCIPLE OF BENIFICENCE:
The ethical responsibility is not only to respect a person and to save him from gettinghurt, but also strive for thewellbeing of an individual. This principle generates two general rules:
- Do not harm.
- To provide maximum benefits and minimum harm.
This principle vary from situations to situations, and it may cause conflict among people as everybody has its own perspective and each person is experiencing his own experiments.
PRINCIPLE OF JUSTICE:
Principle of justice states that everybody should be treated equally. But it also says that everybody should be facilitated as much as he deserves. A non-deserving person shouldn’t be facilitated with the same treatment ofadeserving person.
CONFLICTING MORAL CONSIDERATION ANALYSIS:
Moral considerations means that when one party promises with other party for a benefit that has been already received, because of moral considerations. This promise is considered to be fulfilled under the moral consideration. In business law, promises based on moral considerations are not enforceable.
When two parties enter a contract, both parties have a legal obligation to carry out the terms of the agreement and are entitled to the benefit of the contract, or consideration. However, if one party gets the benefit of the contract before the contract is made, itcannot have a legal obligation to perform the terms of the agreement, because italready has the benefit. In this case, ithas no legal obligation, but it may feel that ithas a moral obligation. For example: a small-business owner comes across a car accident on the way to work. The owner renders first aid, and the injured person shows his gratitude by promising to give the owner $10,000 for his first aid. Because the owner’s rendering of first aid happened prior to the injured person’s promise, the injured person has no legal obligation to give anything to the business owner, but has a moral obligation.
The ESI violate the moral as well as legal considerations in many areas. Some of these are discussed as under:
- The financial statement of first two quarters of 2003 were not made according to the rules. Despite of facing loss, the statement was showing profit and positive EPS which indicates that the financial statements were not made on real basis, but on the violation of rules. The cost of employee retirement plan was deleted at the midnight of 12 Sep 2002.
- The employees of Japan,Taiwan and Kenya were not acknowledged of the termination of retirement plan before it was stated in the employee award list, but later it vanished, without taking the employees consent.
- When the CFO was asking for the truth, CEO was continuously denyingthe fact that they had hidden the truth in the financial statements as well as from the employees. The CEO was continuously arguing that all things have been disclosed to everybody.
- When CFO suggested to get an independent auditor to restate the financial statements, not only the CEO but the audit committee also argued him and didn’t accepted his request……………………..
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