In labour relations, employees are frequently the subject of
constructive criticism from colleagues and superiors. They may also
be tempted at times to question some of their employer's
decisions or to criticize the attitude or managerial approach of
their supervisor. In the employer-employee relationship, when does
criticism go from being acceptable to being an act potentially
warranting disciplinary measures?
The problem
Section 2 of the Canadian Charter of Rights and
Freedoms and Section 3 of the Quebec Charter of human
rights and freedoms state that everyone has the right to the
freedom of opinion and the freedom of expression. However, the
exercise of these fundamental rights is not absolute. Under Article
2088 of the Civil Code of Québec, employees are
bound to carry out their work with prudence but to also act
faithfully and honestly (i.e. have a duty of loyalty).
