SUBJECT IV: THE ETHICAL AND LEGAL ISSUES ARISING OUT OF THE
EMPLOYER-EMPLOYEE RELATIONSHIP
The nature of the ethical and legal relationship between employers and employees, the respective
rights, duties and obligations arising from this contractual relationship including the employee’s
obligations to act prudently, faithfully and honestly, and the employer’s obligations to protect the
health, safety and dignity of the employee, restrictive covenants against competition by former
employees, trade secrets etc.
a) termination of employment
b) safety and health
c) insider trading
d) confidentiality, trade secrets and conflicts of interest
e) non competition clauses
f) whistle-blowing by employees
g) privacy issues in the work place
Materials and Casebook:
1. Civil Code of Quebec.
2. Quebec Labor Standards Act, Psychological Harassment.
3. Sections 82 & 82.1: Quebec Labour Standards Act (student to download from
FirstClass).
4. Cases: 1) King v. Biochem;
2) Dube v. Volcano;
3) Hasanie v. Kaufel;
4) A.R. Medicom v. Bergeron;
5) Copyfax v. Lambert.
SUBJECT V: CONTRACT LAW
The nature and formation of contracts, creation of contractual rights and obligations,
bargaining power, enlightened free consent, defects of consent, clauses contrary to
public order, abusive clauses, obligation to act in good faith, penalty clauses.
Casebook:
5. Civil Code of Quebec.
6. Cases: 1) Giroux V. Malik.
2) Peter v. Fiasche.
3) Carrefour Langelier v. Cineplex Odeon.
4) Copiscope v. TRM copy centers.
SUBJECT VI: CIVIL LIABILITY, LIMITATIONS OF LIABILITY AND
PRODUCT SAFETY
a) what constitutes liability
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