December 24th, 2010

TRM 409.01

BUSINESS ETHICS

Assignment IV:

“Mehmet Usta and Altın Tabak Restaurant”

Instructor: Perran AkanStudent: Neşe RomanStudent ID: 2006104603

MEHMET USTA AND ALTIN TABAK RESTAURANT

Mehmet Yıldırım has been a cook for Altın Tabak restaurant for the past years. Altın Tabak is a very prestigious first class restaurant; located in the upscale part of the city. The restaurant has always taken pride in receiving high comments from the prominent food critics, and having served dignitaries from all parts of the world on their visits to the country. The management of Altın Tabak has always given recognition to the fact that much of the success of the restaurant is owing to the skills, hard-work, dedication and creativity of the cook, Mehmet Yıldırım. Mehmet Usta in addition to preparing the original menu of the restaurant with taste and perfection has also added dishes that are his own creation. These dishes that were developed by Mehmet Usta became specialties, and added to the fame and the success of the restaurant. In time,, these highly demanded dishes replaced the old menu items, and Mehmet Usta became the sole creator of the menu.

The management of Altın Tabak was very happy about the success of the enterprise, until one of the owners learned recently from personal sources that Mehmet Yıldırım is planning to leave soon. Moreover, he has signed a contract to sell the recipes he has developed to one of the major private television networks, which offered a very high payment for the receipes and the live cooking instructions by Mehmet Usta to be broadcasted starting the coming month. Upon discussing the matter, the management has decided to take the matter to court.

Discuss which party is right, basing your answer on ethics regarding the issue of trade secrets.

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From the legal perspective, I see the restaurant’s owner or manager fault dealing with

law. They should have a patent and at least a contract. As I have learned in TRM 375.01

Food Services Management course, this is a common issue in food and beverage

operations and many owners are not aware of their legal rights. I think Mehmet Usta was

right legally. There is no contract for the recipes. When Mehmet Usta accepted for the

job, the restaurant manager should sign a contract with Mehmet Usta for the using the

rights of his recipes. There is obviously a legal deficiency in the management of the

restaurant. In addition to that, the patents of the recipes should be taken for the

restaurant. Because a restaurant become special with its dishes and these dishes should be

unique from the other restaurants. For instance, suppose that “Duck a l'Orange” is

Mehmet Usta’s recipe and in the meantime Altın Tabak’s restaurant special dish. People

come to Altın Tabak Restaurant for eating the restaurant’s special dish “Duck a

l'Orange”. This product makes the restaurant different from other competitors. If Mehmet

Usta sells the recipes to private television network, the restaurant will lose its uniqueness.

From the point of ethical perspective, it is not ethical. Mehmet Usta, used the restaurant,

may be he had a chance to create his recipes and to see the people’s opinions about his

dishes. When he had a chance to earn more money, he will create a big problem for the

restaurant. On the other hand, Mehmet Usta lives in a capitalist system and may do not

get a good salary in the restaurant. He creates the recipes; he did not steal any recipe from

there. He is the creator but in restaurant business, restaurant’s success depends on the

recipes. It is a controversial issue, but I think, Mehmet Usta’s attitude is not ethical.

In conclusion, if the Altın Tabak Restaurant’s manager has contractual agreements with

Mehmet Usta and Mehmet Usta still wants to use the recipes of the restaurant, it will be

sharing the trade secrets of the company. But in this situation, there is no contract and he

is not sharing the restaurant’s other cook’s patented recipes or restaurant’s patented

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recipes. He shares his own recipes. He is not sharing the trade secrets of the company, he

shares his own recipes with his own will.

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