The case of Dracca is not quite complicated, though, at the same time, it is still characterized by frequency and repetitive occurrence. As far as Dracca is concerned exclusively with the goods for children, the company is to be as attentive, prudent, and wary as possible.
Though, even such company had to face the claims from customers concerning the quality issue. Perhaps, it was even the question of safety of the child. The contract that the company uses as a rule for the customers and clients includes one crucial moment that concerns the process and settlement of any dispute or serious conflict in the process of companys functioning.
This point presupposes the customers possibility to settle this dispute only at the arbitrary court. That is why we have the following responses and reactions made exclusively by this schedule.
Legal effect of arbitration is, undoubtedly, significant. There is a very comprehensive and universal definition: The great paradox of arbitration is that it seeks the cooperation of the very public authorities from which it wants to free itself. The law of arbitration, as traditionally conceived, is the manifestation of this tension (Paulsson, 2010).
Actually, the effect upon the companys consumers is evident: the process will bring them either absolute victory, or complete defeat. Still it is obligatory for them to abide the law whatever the final decision will be. In the case of current dispute, it is more likely that consumers side will become more victorious, as the reason of the dispute is childrens health and welfare.
The two Spanish-speaking consumers will prevail in the process of invalidation of the arbitrary clause. There is a set of different reasons, for example, the use of such type of contract among Spanish-speaking part of population. Besides, there is one more persuasive fact: the use of faulty clasps by the employee of the Dracca Company.
The legal consideration may include the following components: the considerations of the real errors in the process of production may be the first element; then, the pros and cons settings come. Besides, the legal consideration presupposes a certain basement for itself, and this is not only a factual material and evidence that is of primary importance at all other courts. The outcome of arbitrary court, as a rule, greatly depends on the discretion or appropriate point of view that the arbitrary judge shares as well as other members of the arbitrary process.
This issue has, actually, not only a legal basis, but also an ethical set of norms in it that are supposed to be followed and kept to.
Ethical concern shows the level of the company and its authority very often. It is necessary to bear in mind the following crucial points:
The essence of the case tampering of the products with the faulty details in the process of producing:
The type of the production the company produces different toys and figures for children, that is why the activity of the company would have never been supposed to be stained with any kind of corruption;
The motto of the activity the company is confidently forwarding in the current course of time.
All these aspects presuppose not only the exemplar behavior and actions in such a kind of situation, but also the proper reaction upon different criminal cases.
It should be obligatory to commence a tradition to perform some kinds of show in order to promote the innocence of the company and to emphasize the beneficiary basis of its activity.
Besides, the mass media factor is still one of the most influential and impressive means in the current course of time. Thus, the company, in such case, ought to use this factor in a proper way in order not to be reported by media from the opponents opposition.
Moreover, it would be perfect to perform some quick but sufficient enough investigation. This investigation should concern the problem of faulty clasps and finally demonstrate the abilities and prospective of the company. This demonstration was performed not only to impress the potential customers, but also to persuade the clients in companys liability, authoritative status and constant thriving for the better. This investigation is to serve the purpose of symbolic sign of companys responsibility, i.e. the company is not only ready to confess the mistakes it has done, but also to do everything possible in order to correct the errors and negative impression. The company values faith of every customer, and does its best in order to stay in a true correspondence to the companys image and reputation.
It is quite clear that Dracca as authority and directing staff could not control every employee and his/her actions. It had to be subject to the range of managers. Thus, it turns out to be that Dracca is responsible for actions of Hennings. The reasons of Dracca being responsible are as follows:
The company is to have a certain quantity of managers to control the activity and efficiency of the employees;
Every employee represents the company he/she works in. This rule should have been explained, comprehended, and accepted in the beginning of the professional activity in the company;
The company is actually responsible for the level of quantity and quality of production it produces.
The following legal principle is connected with the level of responsibility of the company for it employs:
Direct or indirect discrimination (it includes the discrimination of the company and colleagues as well by performing corrupt and illegal actions)
Recommended to Dracca actions:
Internal necessary actions for the company include reorganization and complete alteration in the system of education of the staff and, besides, constant motivation for better work and what is the most essential in such a situation: promotion in the faith and belief of the company:
External actions: there is obvious necessity in the improvement of the aspect of management as well as the field of producing itself. Professionals with the available dignity and honesty are needed. Besides, it would be even better to realize the essence of problem after several anonymous surveys are held. These surveys should concern the problem, its threat, and its results from the companys and employees point of view.
Thus, the given case reveals the essence of major modern disadvantages that happen in dignified companies such as Dracca, and also the possible ways of solving the existing problems.