Reviewing Forms for Compliance: Frequency & Preparedness - Essay Sample

Introduction

According to the scenario of Jack and Tom, I would review the forms always to ensure that instructions and processes that have changed have been updated. Also, the forms should be revised to boost one's preparedness for inspections and audits as well as complying with the GXP, ISO, and other regulations and standards of an organization. Nevertheless, the document review frequency depends on how important and complicated a document is as well as how often the document changes. For instance, processes which continuously change in an organization might not need a formal date of review as every update already calls for a review.

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Arbitration and How it Works

Arbitration denotes a dispute settlement whether of the procedure, law, or fact between two parties to a covenant or contracts through a neutral third party without resorting the actions of the court. During an agreement, if both parties agree and decide to be bound by the decision of the arbitrator, the action becomes a binding arbitration (Warner, Mayer, Siedel, & Lieberman, 2016). Therefore, arbitration works in processes. The first procedure is the volition of the arbitrator, where the arbitration authority works with the involved parties to select and identify the arbitration that is based on the criteria determined by the victims involved. Then comes the preliminary hearing where the rightful arbitrator undertakes the initial hearing with the parties to analyze the procedural matters as well as the issues in the case such as involving witnesses, sharing information, and depositions (Johnson, & Lau, 2016).

The preparation and exchange of information regarding the documents of Jack and Tom before they can receive certain funds from the insurance company then follow. Jack and Tom can share information with the company, accountant, or their colleagues regarding their situation and how they can be assisted in regaining their lost or damaged property. The hearing and post-hearing submissions come next where Jack and Tom as well as the company present evidence and testimonies to the arbitrator for their case to be solved (Warner et al., 2016).

Additional documentation regarding equipment upgrading can also be submitted to the arbitrator following that Jack and Tom are known employees in the company, and they have always contributed to the profits of the organization. The last procedure is the award process where the arbitrator is forced to close the records on the case and makes the final decision according to the law. The decisions may include an award, if applicable that might favor any or both of the parties involved. For instance, with the review of Jack and Tom's documents they can be awarded funds to cater for their lost and damaged items in the warehouse fire via the insurance of the company (Johnson, & Lau, 2016).

A Case that Used Arbitration

A software developer from North-America had registered a communication trademark software in Canada and the United States. On the other hand, a computer hardware manufacturer that is based elsewhere also registered nearly the same mark for his computer hardware in many Asian nations. The duo had been involved in the legal proceedings in some jurisdictions regarding the use and registration of their standardization marks. However, each had effectively and efficiently curbed the other from using or registering its mark in the jurisdiction where previous rights are held. Therefore, to facilitate the registration and functions of their marks globally, the parties were involved in a coexistence covenant that contained an arbitration clause of the WIPO.

When the software developer from North-America attempted to register his trademark in some Asian country, the application was declined due to a confusion risk with the previous mark held by the Asian manufacturer. Therefore, the North-American organization requested the Asian manufacturer to undertake efforts for the software developer to register his trademark in their nation, and when the manufacturer declined his request, an arbitration proceeding was initiated. Following the proposals and suggestions made by the relevant center, a leading IP lawyer was appointed by the duo as the sole arbitrator. And, during an interim award, the IP lawyer gave effect to the consensual answer and solution that were suggested by the software developer and the manufacturer. To solve the problem, the Asian hardware manufacturer accepted the license but, on some terms, and conditions to the North-American software developer such as obliging to exchange periodic reports to the Asian manufacturer.

Ethical Theories of the Warehouse Manager

Weighing the Safety of Employees and Clients

Consumer and employee safety are primary factors in considering business ethical theories. The action includes the liability and safety of products and services being delivered, as well as the pricing or sales tactics. For instance, in case the manager does not hear the plea of Jack and Tom, they might end up disadvantaging the organization due to poor services being delivered following their previous state that was never looked into. The action might make the organization to incur losses and eventually lose the trust and of its customers, who might end up withdrawing from the company (Warner et al., 2016).

Corporate Social Responsibility

There is increasing pressure for organizations to develop products and practices which benefit the society, the environment, and the staff of an organization. For instance, the manager might see that maximizing the value of their shareholders is the most ethical goal not considering the needs or requests of the employees or the society (Johnson, & Lau, 2016). However, in a real sense, the corporation should consider the benefits for more stakeholders than shareholders as the stakeholders are the people who hold the success of an organization.

Professional Conduct Standards

Every employer or employee is expected to behave according to the desired, and high ethical standards as every professional are always bound to moral codes due to the nature of the job. Therefore, in as much as the organization owes Jack and Tom, they are supposed to abide with the required code of ethics in their workplace, same to the manager. Losses and damages always occur in workplaces and the people involved are forced to accept the situation at hand without causing chaos or disagreements between their colleagues or to the organization (Warner et al., 2016). The introduction of the arbitrator is enough evidence of professional conduct standards to solve a situation that will benefit both Jack and Tom as well as the organization.

Ethical Theories to be Considered by Jack and Tom

Governance and Compliance

The relevant authorities will always step in to regulate the desired ethical standards in an organization, whether private or public. Jack and Tom should raise their concern to the government or the relevant authorities regarding their situation and the requests the need from their workplaces for their problem to be solved ethically. The parties involved will then be forced to comply with the decisions made to avoid unnecessary charges or losses according to the law (Johnson, & Lau, 2016).

Ethical Leadership and Decision-Making

Ethical conduct is always an integral component of how people view leadership, as most individuals expect their leaders or employers to be the models of ethical behavior. The actions of the warehouse manager were not ethical as he never took the approach of making ethical decisions to Jack and Tom. The three approaches in making ethical decisions are altruism, utilitarianism, and ethical egoism, where the manager only made his decisions based on ethical egoism (Johnson, & Lau, 2016).

References

Johnson, L., & Lau, T. (2016). The Legal and Ethical Environment of Business, v. 2.0. Retrieved from cool4ed.calstate.edu/bitstream/handle/10211.3/171828/Flat%20World%20Knowledge%20%7c%20Legal%20%26%20Ethical%20Environment%20of%20Business%202.0.pdf?sequence=1

Warner, D., Mayer, D., Siedel, G., & Lieberman, J. K. (2016). The Legal and Ethical Environment of Business 1.0. ISSN: 0896-5811