Mr. Khaled is the HR manager in Alkhalili Company. Alkhalili Company is in construction business. In COVID-19, construction industry were affected a lot. Alkhalili Company were also affected and lost several projects. Some projects were gone in heavy loss. Company has decided to downsize its work force.
KHALID was in such a situation that telling the truth about staff layoff to his friends will make him disloyal to the company. At the same time hiding about staff layoff from his close friend will make Khaled disloyal towards his friend. In this case, Khaled may find it difficult to find out all facts especially the time workers would take to find a new Job .Khaled, the workers, His Boss, society, the company are the affected stakeholders. The right of both the workers and company to know and hide about layoff and the loyalty that company and workers expect from Khaled are the main ethical issues Khaled face. The consequences of telling and hiding about the staff layoff would be, Khaled may lose his job, workers will get time to find other placement, Khaled will remain in good book of management or workers have to suffer from sudden job loss. Anyway, before reaching a conclusion Khaled should have to think about the duties towards company as an employee also about how society is going to value him by the decision he take. However, Khaled can warn both employees and management like not to make any big financial commitment or about the after effect of hiding the layoff truth from employees. At last Khaled must take a decision considering all these factors and should have the gut to stand on the decision taken by him.
Assignment Question(s): (Marks 05)
- Identify the problem. What are the other sub problems? [Word count: 100-300] [0.5 Marks]
a. Main problem: ……………………………………..
b. Other problems:
- Write the problem statement document? [Word count: 200-400] [1 Mark]
- Identify the Cause of the problem through 5 Why Technique [Word count: 150-300] [1.5 Mark]
- Gather information: What information should you gather that would be helpful to know before making a decision? [Word count: 200-400] [0.5 Marks]
- Consider the various choices of solution? [Word count: 100-300] [0.5 Marks]
- What are ethical issues in this case? How you can resolve these ethical issues? [Word count: 200-400] [1 Mark]
.1 The establishment of the abuse test and the precursor to Halifax: Emsland Stärke Shortly after the ruling in Centros, the Court released the Emsland Stärke judgment. This case concerned the common agricultural policy. Emsland Stärke exported various forms of starch to Switzerland, and received an export refund for this. Immediately after, the same products were transported (unaltered) back to Germany, where they were sold. Upon return, the German authorities reclaimed the unduly granted refund back from Emsland Stärke. Though the Court did not explicitly state that abuse of Community law is a general principle, it agreed with the Commission and implicitly did so. It set up a twofold test for determining such abuse; one part being objective and the other subjective. By including the subjective intention of an interested party involved, Emsland Stärke narrowed down the wide scope the prohibition of abuse had in Van Binsbergen, while conduct which under Centros criteria would be normally considered a mere exercise of fundamental freedoms, would instead constitute abuse, if the objective and subjective elements of the test were cumulatively met. 3.1.1 The Objective element In establishing the objective element, the Court did not deviate from what was already established in previous caselaw. In order to fulfil this element, it must be proved that the person seeking to have the right has obtained it for the achievement of an “improper advantage, manifestly contrary to the objective of that provision”. Thus, if the right in question is exercised within the aims and limits of Union law, there is no abuse, merely a legitimate exercise of a right. 3.1.2 The Subjective element The subjective element of this test attracted much controversy and produced much scholarly debate. Motives are irrelevant in this exercise, as they do not exist when it comes to legal persons. Determining that the transactions in question are created artificially in order to obtain an advantage from Union provisions must instead be determined by objective evidence and objective circumstances. 4 VAT: a system vulnerable to abuse>GET ANSWER