COMM 315 CC Winter 2021 Outline - Nick Papatheodorakos PDF

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

JOHN MOLSON SCHOOL OF BUSINESS DEPARTMENT OF MANAGEMENT Course Outline (with Proctored Final) BUSINESS LAW & ETHICS COMM 315 Section CC Winter 2021 Instructor:

Nick Papatheodorakos

Email:

[email protected]

All lectures will be pre-recorded and posted in Yuja on the regularly scheduled class time every week. Office hours will be scheduled for prior to the regularly scheduled class time, from 5:00-5:45, for Q&A. A link will be made available in Moodle for the office hours.

IMPORTANT NOTE: Lecture Capture / Video conferencing / External software Please note that there will be no in-class lectures in this course. All of the lectures in this course will either be recorded in advance by the instructor using lecture capture software such as Yuja, and posted on the class Moodle page, or will take place in real time using video conferencing software such as ZOOM. These video conferences may be recorded by the instructor and may be posted on the class Moodle page. All recordings / video conferences are only available as study tools for the students registered in this specific course section. It is important to note that the instructor makes these recordings/ video conferences available to the students strictly for the purposes of course delivery and development, and that all recordings / video conferences made by the instructor are copyrighted material. Students may not share any recordings / video conferences of these classes with other persons. Students are hereby notified that any sharing of recordings / video conferences may be in violation of Law and of the applicable University policies and may subject students to penalties. Note that some or all of the lectures and/or other activities in this course may be given using video conferencing. While video conferences will focus on the instructor they also display / 1

Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

record the images and speech of the participant students. If a student wishes to ensure that their image (photo / picture) is not recorded, the student must make sure that they have turned off their own video conference camera. Students are advised that external software and/or websites may be used in a course and students may be asked to submit or consent to the submission of personal information (for example, name and email) to register for an online service. Students are responsible for reading and deciding whether or not to agree to any applicable terms of use. Use of this software and service is voluntary. Students who do not consent to the use the software or service should identify themselves to the course instructor as soon as possible, and in all cases before the DNE deadline, to discuss alternate modes of participation. PROCTORED TIMED ASSESSMENTS (EXAMS) WITH PROCTORIO This course will be taught and all assessments will be completely online. The midterms will open book with no proctoring. The final online exam will be provided through the Concordia Online Exams (COLE) platform with online proctoring (also known as auto-proctoring). More information about the COLE system may be found at the COLE website. Additionally, an online proctoring tool called Proctorio will be used to provide proctoring during the exam. Please note the following with respect to online live proctored exams: That the exam will take place during the exam period at the designated date and time set by the professor (midterm) or the Exams office (final). All exam times will be set to Eastern Standard/Daylight Time. That your image, voice and screen activity will be recorded throughout the duration of the exam. That you must show your Concordia University Identification card to validate your identity. Alternative government-issued photo identification will be accepted, though it is not recommended. Only identification in English or French will be accepted. That any recording made will only be viewed by authorized university personnel (no external entity has authorization to review the recording). That you will be responsible for ensuring appropriate, properly functioning technology (webcam, a microphone, appropriate browser and an ability to download any necessary software, as well as a reliable internet connection with a minimum of a 3G connection). That you are very strongly recommended to enter the virtual test site found at the COLE website and become familiar with the software that will be used for your exam before starting the exam.

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

That you will need a quiet place within which to take the exam. Earplugs or noise-cancelling headphones that are not connected to a device may also be used to allow you to focus for the duration of the exam. Students who are unable to write an exam because they are unable to meet the above conditions and requirements are advised that they will need to drop the course. More information can be provided on the next or alternative offering of this course by consulting the Department. Students are advised that the drop deadline (DNE) for this course is January 26, 2021. Students who require additional accommodations for their exams due to a documented disability should contact the Access Centre for Students with Disabilities as soon as possible ([email protected]). If you face issues during the exam, you should inform your professor of those issues immediately. Please note that there are in-exam supports you should spend time getting to know. Visit the COLE website for more information. COURSE DESCRIPTION: Through the study of laws, ethical principles and court judgments, this course will introduce students to important legal and ethical issues that they may encounter within a business organization. In today’s environment of social awareness, business can no longer focus solely on maximizing profits and must recognize and respect its legal and ethical obligations to a wide range of stakeholders, both within and outside of the business organization. These stakeholders include employees, management, shareholders, directors, officers, the immediate community and society at large.

COURSE OBJECTIVES: By the end of this course, students will be able to: 1) 2) 3) 4)

demonstrate an understanding of the relationship between law and ethics and how these two principles should not be treated as mutually exclusive; identify the appropriate steps to be followed in both the legal and ethical decision making processes; apply material learned in this course in order to analyze and propose solutions to legal and ethical problems; select effective solutions to legal and ethical issues that may be encountered within the workplace.

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

REQUIRED COURSE MATERIAL: Textbook:

Fundamentals of Quebec Business Law and Ethics, 2nd Edition (2016), Paladin Publications. The textbook, in traditional paperback form, is available for purchase from the bookstore at Concordia University (Book Stop). Students should consult the following website (see Delivery Options / Store hours Pickup locations) to review the options offered by Book Stop to purchase the textbook ( curbside pickup, shipping to the student’s mailing address): https://www.bkstr.com/concordiastore/help-faq/shipping-delivery-fms-canada

With regards to purchasing an electronic version of the textbook, students may purchase same through the Concordia Co-Op Bookstore: https://www.co-opbookstore.ca/service/textbooks/

EVALUATION

Two (2) on-line tests will be given during the term. The on-line tests for each section will be prepared by the individual instructors and will be accessed and answered by the students on the class Moodle page. Students will be allowed to consult their own copies of the textbook during the writing of the two in class tests, however they will not be permitted to consult any other notes, documents, slides, or resources whatsoever. The final exam will be closed book, students are not permitted to consult any books, notes, documents, slides, or other resources whatsoever during the writing of the final exam. " The first on-line test will cover Chapters 1, 2 & 3 of the Textbook, will consist of 30 multiple choice questions and will be worth 30% of the student’s final grade in the course. The second on-line test will cover Chapters 4 & 5 of the Textbook, will consist of 30 multiple choice questions and will be worth 30% of the student’s final grade in the course. Students will have 45 minutes to complete each of the on-line tests. There will be a 1 (one) hour time window, the exact hours and dates will be announced by the instructor, during which each on-line test will be available to the students for answering. It is important to note that each student may only attempt to answer each test one time (repeat attempts will not be permitted), and once a student starts a test, the student will only have 45 minutes to answer and submit the test.

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

Should a student start his/her test when there is less than 45 minutes remaining in the 1 (one) hour time window, then the student must submit his/her test before the time window closes.

The end of term on-line test (final exam) will be common for all Comm 315 course sections and will cover Chapters 6, 7, 8 & 9 of the Textbook. The final exam will be provided through the Concordia Online Exams (COLE) platform with online proctoring. The final exam will consist of 80 multiple choice questions and will be worth 40% of the student’s final grade in the course. Students will have 2 (two) hours to complete the final exam. The precise date and time of the final exam will be set by the Exams Office and will occur after the last day of classes. It is important to note that each student may only attempt to answer the final exam one time (repeat attempts will not be permitted). Should a student start his/her final exam when there is less than 2 hours remaining in the 2 (two) hour exam period, then the student must submit his/her final exam before the exam period ends. ! All references to hours and dates that students receive from the instructor will be based on the MONTREAL TIME ZONE (Eastern Time). ACADEMIC INTEGRITY: The Code of Conduct (Academic) at Concordia University states that Academic integrity is key to academic success at Concordia University. More specifically, “The integrity of University academic life and of the degrees, diplomas and certificates the University confers is dependent upon the honesty and soundness of the instructor-student learning relationship and, in particular, that of the evaluation process. Therefore, for their part, all students are expected to be honest in all of their academic endeavours and relationships with the University.” Undergraduate Calendar 2020-2021, section 17.10 (http://www.concordia.ca/academics/undergraduate/calendar/current/17-10.html). All students enrolled at Concordia University are expected to familiarize themselves with the contents of this Code. Any form of cheating, or plagiarism, as well as any other form of dishonest behaviour, intentional or not, related to the obtention of gain, academic or otherwise, or the interference in evaluative exercises committed by a student is an offence under this Academic Code of Conduct. Any attempt at or participation related in any way to an offence by a student is also an offence. Without limiting, or restricting, the generality of the above and with the understanding that the following are to be considered examples only, academic offences include but are not limited to, the carrying out, or attempting to carry out or participating in: •

making, possessing and/or distributing copies of any test questions and/or

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021

• • • • • • •

examination materials; Plagiarism; Contribution by a student to another student’s work with the knowledge that such work may be submitted by the other student as their own; Unauthorized collaboration between students and/or third parties; Obtaining the questions or answers to an exam or using other unauthorized resources; Use of another person’s exam during an exam; Communication with anyone other than the instructor/invigilator during an exam and any unauthorized assistance during an exam; Impersonation.

TESTS MISSED FOR MEDICAL REASONS: No make-up tests will be granted except for serious medical reasons supported by original, detailed, dated and signed medical documentation. Medical documentation must clearly indicate the date and the reasons why the student’s condition rendered him/her incapable of writing the test in question. No make-up test will be granted, unless notification of his/ her inability to write the test is given by the student to the instructor by email at the earliest possible opportunity. Except for emergencies, this notification must be done prior to the test in question. Students who do not provide appropriate medical documentation, as set out above, will receive a grade of zero for the test that they did not write.

LEARNING PLAN:

Week

1

Lecture Schedule (tentative) Each instructor will advise their specific class section as to which lectures will consist of pre-recorded lecture capture recordings, and which lectures will consist of live ZOOM video conferences. Chapter One: Introduction to Law 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8

What is Law? The Law of the Land Law & Justice Law & Ethics Understanding the Domains of Law Substantive Law & Adjectival Law To Sue – The Five Ws A Legal System

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021 Chapter Two: The Quebec Legal System 2.1 2.2 2.3 2+3+4

Structure – The First Element of the Québec Legal System Law – The Second Element of the Québec Legal System Administration and Enforcement - The Third Element of the Québec Legal System

Chapter Three: Personal Rights 3.1 Introduction 3.3 The Québec Charter of Human Rights and Freedoms 3.4 The Civil Code of Québec Appendix 3-B Selected Sections from the Québec Charter of Human Rights and Freedoms Appendix 3-C Selected Articles from the Civil Code of Québec Case 3.1 Commission Scholaire Marguerite-Bourgeoys v. Singh Multani Case 3.2 Singh Multani v. Commission Scholaire Marguerite-Bourgeoys Case 3.3 British Columbia (Public Service Employee Relations Commission) v. BCGSEU Case 3.4 Therrien v. Minister of Justice Case 3.5 Syndicat Northcrest v. Amselem Case 3.6 R. v. Kapp

5+6+7

On-line Test # 1: covering the material in Chapters 1, 2 & 3. Chapter Four: Principles of Contract Law 4.1 Obligations 4.2 Contracts Appendix 4-A Selected Articles from the Civil Code of Québec Case 4.1 Giroux v. Malik Case 4.2 Peter v. Fiasche Case 4.3 Richard v. Time Inc. Case 4.4 Copiscope Inc. v. TRM Copy Centers

Chapter Five: Mandate 5.1 Introduction 5.2 Characteristics 5.3 Obligations of the Mandatary towards the Mandator 5.4 Obligations of the Mandator towards the Mandatary 5.5 Obligations of the Mandatary towards Third Persons 5.6 Obligations of the Mandator towards Third Persons 5.7 Termination of Mandate Appendix 5-A Selected Articles from the Civil Code of Québec Case 5.1 Wong v. Leung Case 5.2 Dowell v. Hay-Ellis

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021 8

On-line Test # 2: covering the material in Chapters 4 & 5. Chapter Six: Forms of Business Ownership 6.1 Introduction 6.2 The Sole Proprietorship 6.3 The Partnership 6.4 The Corporation Appendix 6-A Selected Sections from the Act Respecting Legal Publicity of Enterprises Appendix 6-B Selected Articles from the Civil Code of Québec Appendix 6-C Partnership Agreement Appendix 6-H Certificate of Incorporation Appendix 6-I Selected Sections from the Québec Business Corporations Act Appendix 6-J Selected Sections from the Canada Business Corporations Act Appendix 6-K Share Certificate Case 6.1 Peoples Department Stores Inc. (Trustee of) v. Wise

9 + 10 +11

Chapter Seven: Employment Law 7.1 7.2

Introduction The Individual Contract of Employment Excluding 7.2.3.1-7.2.3.8 Appendix 7-A Selected Articles from the Civil Code of Québec Appendix 7-B Selected Sections from the Québec Labour Standards Act Case 7.1 King v. BioChem Therapeutic Inc. Case 7.2 Dubé v. Volcano Technologies Inc. Case 7.3 Hasanie v. Kaufel Groupe Ltd. Case 7.4 Copyfax Inc. v. Lambert Case 7.5 Cabiakman v. Industrial Alliance Life Insurance Co.

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Chapter Eight: Civil Responsibility 8.1 Introduction 8.2 Personal Responsibility 8.3 Indirect Responsibility 8.4 Limiting Civil Responsibility Appendix 8-A Selected Articles from the Civil Code of Québec Case 8.1 Harris v. Ostromogilski Case 8.2 Walker v. Singer Case 8.3 Walford v. Jacuzzi Canada Inc. Case 8.4 Morse v. Cott Beverages West Ltd.

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Chapter Nine: Ethics 9.1 9.2

Introduction to Ethics Law vs. Ethics

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Comm 315 course outline Winter 2021 Updated Jan. 12, 2021 9.3 9.4 9.5 9.6 9.7

International Business Ethics Resolving Ethical Issues Professional Standards and Corporate Codes of Conduct Responsible Investing Corporate Governance

The on-line Proctored Final Exam (common for all Comm 315 class sections) will cover the material in Chapters 6, 7, 8 and 9 and will be scheduled by the Exams Office and will occur after the last day of classes.

DISCLAIMER: The instructor reserves the right to change or update this outline, and any other course related material, as required. The student will be informed in a timely manner online through Moodle. In the event that the University is unable to provide services or that courses are interrupted due to events beyond the reasonable control of the University, the University reserves the right to modify any element contained in the course outline including but not limited to the grading scheme and the weight accorded to tests/assignments.

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