Lecture 4 Thursday, May 26, 2011 1

ES 4498F Engineering Ethics, Sustainable Development and the

Law
Case studies
1.
2.
3.
4.
5.

Read the case carefully

Consider and evaluate the actions of the engineers
Construct a plan for future action to be taken by each engineer
Cite the appropriate sections of the code of ethics
Consider the consequences of each of those actions

Termination of Employment for Just Cause

Matters which would allow an employer to terminate an employee without notice of
severance pay are as follows:
1.
2.
3.
4.

Serious misconduct
Habitual neglect of duty
Serious incompetence, not just management dissatisfaction with performance
Conduct incompatible with his or her duties or prejudicial to the companys
business
a. Working against your own company (ex. moonlighting)
5. Willful disobedience to a lawful and reasonable order of a superior in a matter
of substance
6. Theft, fraud, or dishonesty
7. Continual insolence and insubordination
a. Insolence: being rude and disrespectful
b. Insubordination: defiance of authority
8. Excessive absenteeism despite corrective counseling
9. Permanent illness
10.Inadequate job performance over an extended period as a result of drug of
alcohol abuse and failure to accept or respond to the companys attempt to
rehabilitate
Wrongful Dismissal
When an employee without an employment contract is dismissed and the reason
does not constitute just cause, then there is a risk of wrongful dismissal.
These cases may need to be resolved in a court of law, and legal advise is
extremely useful for both the employee and the manager.
Six situations which could be considered wrongful dismissal even though the
employee is not technically dismissed:
-

Forced resignation
Demotion
Downward change in reporting function
Unilateral change in responsibilities
Forced transfer
Serious misconduct of the employer toward the employee

Lecture 4 Thursday, May 26, 2011 2

ES 4498F Engineering Ethics, Sustainable Development and the
Law
Case Study 8.2 Dismissal of Offensive Engineer
*didnt pay attention*
Advertising for Engineering Work
An Engineer in private practice may need to advertise; every province places some
restrictions on how Engineers can advertise their services.
The restrictions are intended to ensure fairness and honesty when clients evaluate
professional qualifications and experience and should maintain the dignity, honour,
and integrity of the profession.
Advertising may be considered inappropriate if it does any of the following:
-

Claims a greater degree or extent of responsibility for a specified project or

projects than is the fact
Fails to give appropriate indications of cooperation by associated firms or
individuals involved in specific projects
Implies by word or a picture, engineering responsibility for proprietary
product or equipment design
Denigrates or belittles another professionals projects, firms or individuals
*missed the rest*