Topic: What happens when a person or a business performs an unethical, negligent action?

Outline: (1500-1700)
1. Intro:
2. Body:
- Tùy mức độ vi phạm mà có cách xử lí khác nhau (doanh nghiệp+cá nhân):
+ Phạt hành chính (buôn bán hàng xuất xứ k rõ nguồn gốc, k bao bì, nhãn mác)
. Bán hàng k rõ nguồn gốc: mức cao nhất 100 triệu đối với người trực tiếp nhập
hàng lậu, còn lại mức phạt dao động từ 500k-50 triệu tùy vào quy mô buôn bán.
. Hàng giả: 100 triệu đồng cá nhân và 200 triệu đồng tổ chức.
+ Xử phạt hình sự (buôn lậu, thao túng thị trường,...).
- Case study: Concung (25tr), VN Pharma bán thuốc ung thư giả (17 năm tù), Vạn Thịnh
Phát.
- Tại sao lại có doanh nghiệp vi phạm đạo đức và cách khắc phục.
3. Conclusion:

Essay.

As recent corporate crises, the topic of unethical practices has received more public attention
than they used to. While Koehler (2003) stated that the application of moral standards might be
referred to as ethnics, some businesses engage in unethical practices through actions namely
selling unknown origin goods, smuggle, and stock market manipulation, as well as negligence
happens in any fields that a company or individual could involve. This essay will discuss the
penalties for each level of negligent first, and then unethical practices, why companies
participate in illegal actions and solutions to reduce the situation.

In definition, negligent actions are failed to act with the degree of caution that someone of
reasonable caution would have displayed in the same situation and as a result, it leads to harm,
injury or loss to another person. A case must satisfy four terms to be determined as negligence
that the respondent owe the applicant a duty of care, the respondent breach the duty of care, the
applicant has to suffer an injury or damages, and the injury was a cause due to the breach of duty
of care (Legal Services, 2022). For instance, a car exceeds the speed limit and crashes another
car, or a pedestrian gets injured because they fall into a construction site that was unsafely closed
off by the public are claimed to be negligent. A case study of nursing community was analyzed
by Griffith and Channon (2004) about a newly qualified nurse named Julia. She is caring for
Helen a 5-year-old who has recently had a leg fracture. When the plaster is removed Helen’s calf
muscle comes away with it causing serious damages and her mother is threatening to sue Julia
for damages over her carelessness. The result states that Julia’s employer will be responsible for
the cost of damages however, if the applicant can prove that Julia violated her duty to labor with
reasonable care and skill towards them, they may be able to sue her for the repayment of those
injuring. Although it is uncommon to be sued for negligence in nursing, an actual trend is
increasing in litigation. This case demonstrates how the law clearly views the nurse-patient
interaction as a duty scenario that necessitates care at the level of the typical person claiming to
possess and use that specific ability. Liability for negligence and a judgment for damages will
follow a failure to uphold that standard and the infliction of harm.

Ethical violations occur when a business perform actions that are contrary to the acceptable
standards. In some cases, an unethical action may be committed by individuals or organizations.
In theory, unfair actions are not punished by law since they are considered as human morality
however, for acts such as labor violation or factories damage the environment may receive a
pecuniary or criminal penalty depending on the severity and types of criminal. In accordance
with the Occupational Safety and Healthy Act of 1984 (OSH Act) and the Mines Safety and
Inspection Act of 1994, the Western Australian government introduced legislation in 2018 to
enhance the penalties for workplace safety and health offenses (MSI Act). Level 1 fines rise from
$50,000 to a maximum of $450,000, while level 4 penalties rise from $500,000 to a maximum of
$2.7 million, and the maximum sentence has been changed from two to five years imprisonment.
One of the highlight demonstration is the migrant worker rights violation throughout surveys that
are compiled by Boucher (2018) illustrates the most prevalent unfair practice conducted in the
Database was lack of payment (37% of cases), following by that were unfair dismissal (16%) and
racial discrimination (1%). In additions, female workers are experienced gender discrimination
and sexual harassment more than men also there are businesses do not protect them properly in
health and work conditions.

In Vietnam, businesses can be fined up to 60 million VND for trading counterfeit goods
according to Articles 12 and 14 of Decree 185/2013/ND-CP and double the penalty if the copied
products are medicines, cosmetic, or building materials. Besides, individuals may also be
prosecuted for criminal liability if the sign of violation are particularly dangerous, in which the
maximum sentence is seven to fifteen years in prison for offenders falling into one of the cases in
clause 3, Article 156 (Nguyen, 2022).

obtaining property by fraud

Based on chapter IV, section 164 of Australian Consumer Law, the maximum penalties for
criminal and civil unfair practices after September 2018 were 500,000 dollars for individuals and
10 million dollars for corporation. Additionally, defendants must pay three times the value of the
benefit that the body corporate, or 10 percent of annual revenue during the pertinent 12-month
period if the benefit can not be calculated (Legal Services, 2021).
References

Griffith, R., & Channon, C. (2004). The law of negligence and community nursing: a case study.
British Journal of Community Nurising, 9(6), 257-259. https://10.12968/bjcn.2004.9.6.13122

Koehler, W. (2003). Professional Values and Ethics as Defined by “The LIS

Discipline”. Journal of Education for Library and Information Science, 44(2),99.
https://10.2307/40323926

Nguyen, V., D. (2022, July 22). The level of sanction for trading in counterfeit and poor quality
goods. Duong Gia Law. https://luatduonggia.vn/xu-phat-ve-kinh-doanh-hang-gia/

Legal Services Commission South Australia (2021, December 16). Unfair Practices. Legal
Services Commission South Australia. https://lawhandbook.sa.gov.au/ch10s04s05.php

Legal Services Commission South Australia (2022, July 29). Negligence. Legal Services
Commission South Australia. https://lawhandbook.sa.gov.au/ch01s05.php#:~:text=What%20is
%20negligence%3F,or%20loss%20as%20a%20result.