Misconduct in employment law, Business Law and Ethics

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Question 1:

" One of those general precepts of our law of contract is that covenants legally entered into cannot be revoked except by the mutual consent of the parties thereto".
(Article 1134 Code Napoleon) Vacoas Transport v. Pointu (1970 MR 35). What are the consequences of a unilateral modification of a contract of employment of indeterminate duration by an employer?

Question 2:

(a) What do you understand by the term misconduct in employment law? How does the English definition of misconduct differs from the French definition of misconduct?

(b) What are the procedures that an employer should follow before he can dismiss a worker for misconduct?


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