NOTES TO CASE STUDIES FOR CHAPTER IV. PROBLEMS OF EXTERNAL CORPORATE
ETHICS
1. Option (а) is fair competition. Option (b) is secret agreement and your chances that competitors will
agree are very slim. Option (c) is an attempt to buy an employee of your client, which firms with a solid
reputation would not tolerate. Option (d) is one of the forms of corruption and speaks of weakness of the
client company. If you choose any option, except for (а), you will not be able to make any substantial
profit this time, as an unfair deal will cost you quite a sum, nor in future, as your company’s reputation
will be damaged. Practice shows that in Azerbaijan today, big companies have more chances to oppose
unfair and illegal methods of doing business than medium and small companies.
2. Analysis shows that if option (b) used to be the most preferable in the past, today there is a tendency,
especially among foreign companies, in favor of option (а). As for the response of the client company,
again, in the past they preferred to pay exorbitant honoraria to “consultants”, which also included
informal payments. Today a client will, most probably, go for option (а) or (b). As for origin of a client
company, Bribe Payers Index of Transparency International
108
, ranges countries in the order of frequency
of their companies’ involvement in corrupt practices abroad. According to this research,
participation of a
Norwegian company in a corrupt deal is the least and of Russian – the most probable. Our country is not
covered by this research.
3. It is difficult to say unambiguously what motivates this law: caring about the nation’s health, protection
of interests of big companies or an error of legislators. In any case, we have to recognize that this law
simply does not work today.
4. In the past small companies were forced to chose options (a) and (b). Today there are cases of
successful application of option (c). There are pre-requisites for future success of option (d).
5. In this case, in addition to ethical considerations, you should also take into account: (а) response of
your deceived competitor; (b) your willingness to trust your company’s confidential information to an
unscrupulous man. Attempts can be made to avoid the leakage of information. Employment contracts
should have a relevant article on non-disclosure of confidential information. If need be, this article can be
used as a justification to bring court litigation against the alleged perpetrator.
NOTES TO CASE STUDIES FOR CHAPTER V.
LYING AND DECEPTION IN BUSINESS
1. Of course, this decision of the Alievs’ is wrong. They did not break the law, but still tried to deceive
an insurance company by providing false information. Lying is incompatible with ethical norms.
However, the final decision is to be made by the insurance company. The most correct way is to tell the
truth.
2. In this situation management of the plant must also share the blame – it is wrong to give
unsubstantiated promises, which leads to unhealthy work attitude. In any case, appropriation of
instruments and spare parts by employees also cannot be justified. Firstly, this is stealing, and therefore a
criminal offense. Secondly, this worker sets a bad example to his colleagues.
3. Samples offered in this case shall be judged separately, In the first case, ethics can justify the head of
the family because he chose the least of two evils. Besides, problems which forced him to steal must be
solved by society at large. However, from legal point of view, stealing is a criminal offense. As for the
second case, any person, fleeing for his or her life, can resort to any means available. This act shall not be
qualified as stealing, provided that the car is returned to its owner later. In the third case, it is wrong to
distinguish between stealing from individuals and corporations. In both cases it is stealing.
108
See for more details Bribe Payer’s Index at
www.transparency.org
NOTES TO CASES STUDIES FOR CHAPTER VI.
MECHANISMS OF IMPLEMENTATION OF PRINCIPLES OF BUSINESS ETHICS
1. The best option under these circumstances is (с). It is best if management learns from you, rather than
hearing from another source. Option (d) is also an appropriate way to start with inquiries. However, if you
withhold information, your reputation may be damaged. Options (а) and (b) would not do at all, as
management is entitled to be aware of relations of its staff members with employees of competing firms to
be able to ensure maximum confidentiality of commercial secrets.
2. Under these circumstances option (с) is the most appropriate option. Regardless of the type of
activities, the computer belongs to the company and Akif
should inform his manager. In case he is being
paid for this job, he must inform his manager.
3. Depending on circumstances and individuals involved, every option can be justified.
4. Despite your sympathy for Elnar, the most appropriate option here is (а). Other options are ranged in
descending order of their preference: (с), (b), (d)
5. Beyond any doubt, this is a bribe in disguise. A night club with a show is not the most suitable place to
conduct business negotiations. In addition, the invitation is extended by a dependant party. You should
either reject the invitation, or pay from your company’s funds, if these kind of expenses are allowed.
Many companies establish an upper limit for an acceptable cost of a business dinner.
NOTES TO CASE STUDIES FOR CHAPTER VII. CORPORATE SOCIAL RESPONSIBILITY
1. A publishing house shall not have any legal liability for materials published; this does not, however,
does not eliminate ethical obligations. It goes without saying that publication of such materials will harm
interests of society at large. If the publishing house refuses to publish the book, they will avoid moral
burden, but will not be able to guarantee that the book will not be published elsewhere. The publishing
house should try to cajole the author to delete dangerous details and, in case of failure, to inform relevant
state censorship bodies. In the early 1990s many criminals in the USSR learned from media that a certain
medication mixed with champagne resulted in an instant, temporary black–out of a victim.
2. The restaurant owner obviously violates rights of residents. The problem is whether benefits
compensate inconveniences. In this case, shattered peace and quiet cannot be compensated by advantages.
The majority of the above-mentioned inconveniences can be resolved at an extra cost to the owner by
installation of sound proofing, a waste treatment facility, power generator, etc. Unfortunately, this
situation is quite typical for Azerbaijan.
3. The kiosk owner is wrong to place magazines with indecent cover photos in a conspicuous place,
especially in the vicinity of a school. In many countries, customers wishing to buy this type of product,
must apply extra efforts, e.g., using a ladder to take the publication from an upper shelf, where this
material cannot be picked up children, or ordering by catalogue. On the other hand, the school principal
should have paid attention to this fact long time ago. Finally, people must clearly understand where they
draw a limit line for indecency. During the Inquisition, it was believed that demonstration of naked flesh
in art was so indecent that many Renaissance art works were painted over and restored later.
4. The manager faces quite a challenge. Every applicant, except for the blackmailing school principal, has
irrefutable advantages. This is exactly why companies are recommended to design their own social
policies, basing them upon their ethical principles. It is easier to follow company policy and avoid such a
poignant choice, for example, by limiting consideration of projects to support art.