With respect to the basis in law for the remaining claim, I am satisfied that the relationship between employer and employee in this case is sufficiently proximate and the harm sufficiently foreseeable to found a prima facie duty of care on the part of the employer. There does not appear to be a sufficient basis to declare as a matter of policy that the employer need not disclose to its employee whether or not a complaint of racial discrimination or sexual harassment has been made, when requested by counsel for the purpose of determining whether or not to give notice of libel to a newspaper which might have published a false allegation against the defendant’s employee regarding circumstances arising out of the employment relation. See Cooper v. Hobart,  R.C.S. 537 at 551. The claim when amended will therefore survive the Rule 21 challenge that there is no basis in law for it.
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