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BUSN 331 Business Law
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BUSN 331 Business Law
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Course Code: BUSN 331
University: Centennial College
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Country: Canada
Question:
Discuss about the Relationship Between Law Morality and Ethics.
Answer:
Relationship between law, morality, and ethics
The concept of mortality, ethics and law are deeply intermingled and in number of cases these concepts are used interchangeably (Murphy, 2008). In a generic manner, morals and ethics both refers to set of principles which are used to formulate and manage the behavioral pattern of individuals within the society (Gunning et al., 2009). However, for the purpose of perceiving the relationship between the three concepts it is required to understand the differentiation between the concepts of morality and ethics.
Individual’s consciousness and the particular values of a society is the edifice of morality (Fuller, 2007). Thus, on the basis of the above made discussion, a clear correlation between law, morality, and ethics can be observed, wherein it is mentionable here that law can be considered as a form of discourse which demonstrates the interests and values of a particular society (Raz, 2009).
In order to establish the morality of an act in such case, it is required to be evaluated from the cultural basis (Spinoza and Elwes, 2016). It is also required to analyze the motive of any particular act and if it is observed that the particular act, do not comprise of any negative intentions then it will be considered as an ethical behavior (Singer, 2011).
In this context it is required to be stated that, ethical behavior lacks any definiteness or it is not enforced by political authority. In addition to the above mentioned aspect, the breach of ethical code does not result in any legal punishment. However, any act performed by an individual which is socially condemned or it is against individual conscience, it will be considered as unethical behavior.
Termination notice period under Employment Standard Act
If an employee is employed for more than three months then the contract is statutorily entitled under Employment Contract. The employees are non statutorily entitled to notice. The day from which the employer gives notice to the employee is known as the notice period (Arnow-Richman, 2010). When an employee is terminated from the company, there must be a cause for notice or lieu given for termination. Wrongful dismissal cannot be done with the employee without any cause. If any damages are done by the employee then there is a proof with reasonable dismissal.
The purpose to provide notice period to employees is to give sufficient time to the employee so that they can find another suitable place for employment. In the lieu period the salary and other benefits has to be given by the employer to the employee. In Ontario (Canada), the minimum notice period is 15 days as per Employment Standards Act, 2000 (“ESA, 2000″). The minimum standard of notice period and termination is described under this act. Under Canada Labor Code (CLC) regardless physical work is needed to be given to the employee (Jackson, 2010). There is length of notice period which is described below:
The employment standard of minimum amount should be based on the company’s structure. The notice is based on the obligation with the length of service. If reasonable notice period is given then complaint cannot be done by the employee against the employer. If fairly reason of termination is stated then no problem is raised later (Mamorsky, 2016).
3: Privacy Act
In Canada there are number of laws which are related to privacy rights. Several compliance acts for the laws. There are privacy laws or Privacy Act in Canada which is practiced with federal government rules. The private sector business works under privacy law. The federal government institutions follow the Privacy Act (Flaherty, 2014). Under privacy Act in any organization, the personal electronic documents of the companies are kept in safe place.
Personal Information Protection and Electronic Documents Act follows several rules which are applied on the federal regulated works. In the Provincial Privacy Law the public sectors and territory looks after the business (Narayanan, 2010). In the Sector Specific Privacy law the federal bank act also falls which describes about the provincial law which is governed under the credit of business. The Private bodies look after the rights of the privacy of the staffs and employer in the business organization. The Federal work is to look after the privacy and data protection. The entire data protection act is based on the confidentiality which is needed to be protected to keep the safety of the people. It is necessary that several steps are needed to be maintained for looking after the confidentiality of any business organization (Larsen, 2012). It is necessary that federal provincial guides are needed to be used through which different consequences can be followed properly.
References
Flaherty, D. H. (2014). Protecting privacy in surveillance societies: The federal republic of Germany, Sweden, France, Canada, and the United States. UNC Press Books.
Narayanan, A., & Shmatikov, V. (2010). Myths and fallacies of personally identifiable information. Communications of the ACM, 53(6), 24-26.
Larsen, M., & Walby, K. (Eds.). (2012). Brokering access: Power, politics, and freedom of information process in Canada. UBC Press.
Arnow-Richman, R. (2010). Just notice: Re-reforming employment at will. UCLA L. Rev., 58, 1.
Jackson, A. (2010). Work and labour in Canada: Critical issues. Canadian Scholars’ Press.
Mamorsky, J. D. (2016). Employee Benefits Law: ERISA and Beyond. Law Journal Press.
Gunning, J., Holm, S. and Kenway, I. (2009). Ethics, law and society. 1st ed. Aldershot: Ashgate.
Raz, J. (2009). The authority of law: essays on law and morality. Oxford University Press on Demand.
Spinoza, B. and Elwes, R. (2016). The ethics. 1st ed. [Floyd, VA]: Dancing Unicorn Books.
Murphy, M. (2008). The natural law tradition in ethics.
Singer, P. (2011). Practical ethics. Cambridge university press.
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