Course Objectives
To sensitize students to the professional, ethical and legal context in which most engineering work is performed. To provide understanding of some principles which underlie key issues and of challenges that are likely to arise in profession engineering practice. To broaden the background and perspective of engineering graduates. To provide practice in writing and communicating. To help create more rounded, sensitive engineers, prepared to work for the benefit of society.
Business Forms:
Sole Proprietorship Partnership Corporation
TORT LAW
Primary Objective: Compensation Secondary Objective: Deterrence Basis of Liability: Intention Strict Liability Negligence Intentional Torts: Battery Assault False Imprisonment Defamation
Unintentional Torts:
Strict Liability Negligence ABC Rule: Duty of Care Breach of that Duty of Care Damage as a Result of the Breach
DISPUTE RESOLUTION
Options for Dispute Resolution:
Capitulate: Admit wrong doing
Negotiate: Discuss and arrange settlement with offended party Mediate: Use a facilitator to discuss and arrange settlement Arbitrate: Hire an adjudicator to settle dispute Litigate: Public sanctioned dispute resolution system through Courts
Litigation:
Administrative Tribunal Trial Court of Appeal Supreme Court of Canada
CONTRACT LAW
Elements of a Valid Contract: Intention to create a legal relationship Offer Acceptance Consideration Capacity Legality
Contracts. Employees: Contact of Services. Contractors: Contact for Services. Wrongful Dismissal: When an employer dismisses an employee without sufficient reasonable notice or cause. Dismissal with Cause: Theft, Dishonesty, Conflict of Interest, Willful Disobedience, Insubordination, Incompetence, Absenteeism or Lateness, Intoxication & Sexual Harassment. Constructive Dismissal: Unilateral change in fundamental term of employment contract. Onus is on employee to mitigate must quit, sue for wrongful dismissal and look for another position.
Labour Relations Code: Governs relationship between Employers and Unions. Oversees: How to Unionize, Right to Unionize, Collective Bargaining, Obligations, Right to Strike, Lockout & Picket, How to Decertify. Human Rights Code
Protects employees against Discrimination. Protected Grounds: age/sex/sexual orientation, race/religion, colour/ethnic origin, marital/family status, disability, conviction.
Deals with: Hours of work, overtime, leaves, vacations, statutory holidays & severance Applies to everyone except Professional Engineers & Union Members Exemptions from portions of the Act are Managers, High Technology Professionals & Other Employees of High Technology Companies
Environmental Law
Part of the Code of Ethics is to hold paramount the health and safety of the public and the environment. Currently in Canada we have both Federal and Provincial legislation, balancing industrial uses of land, with environmental standards. Fisheries Act (Federal /Provincial Canadian Environmental Assessment Act Canadian Environmental Protection Act Clean Water (Federal/Provincial) Clean Air (Federal/Provincial) Wildlife (Federal/Provincial) Forestry Acts (Federal/Provincial)
3. Ethics
What is ethics? Code of ethics. J13, J18, M7, M9 What is ethics? M7 M9 Newsworthy cases involving engineering ethics. M7, M9 Lifelong ethics. M7 Relationship between law and ethics. M9 Health, safety and risk. M9 Uses and limitations of codes of ethics. M9 Four practical philosophical theories: Aristotle virtues, Locke rights, Kant duties, Mills utilitarianism. M9 Obligations of corporations to act ethically. M9 Conflict of interest? Actual, apparent, potential. M14 How to avoid conflicts of interest? M14
Ethics (continued)
Whistle-blowing. When is it justified. M16 Corporate ethics. M16, M21 Environmental ethics. NIMBYism. Precautionary principle. M16 Safety and environmental standards/practices when operating in poorer countries/areas. M21, Village Video Bribery of foreign officials. M21 Cultural sensitivity when operating abroad. M21
Final Examination
Friday April 20, at 7:00 PM in CIRS 1250 2.5-hour Open Book Examination; No electronic gadgets of any variety allowed. Combination of Short-Answer Questions (e.g. multiple choice or true/false) and Essay Questions in which Students will be asked to analyse situations relevant to Professional Engineers in the workplace or beyond Students will be expected to have a good grasp of the material presented in Class, as printed in the course notes and as amplified and clarified by the lecturers.