LABR 2P03 Lecture Notes - Lecture 1: Employment Contract, Consolidated Laws Of New York, Black Letter Law
27 Sep 2015
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Where does terms of employment come from: employment contract. Sets minimum terms (minimum wage, overtime etc. : judge made law. 3 spheres/modes regulating labour/employment: common law contract of employment. Judge implies specific terms in each contract: statutory/legislative intervention. Ontario employment standard act, human rights code etc: the collective bargaining regime. Hybrid of the first and second mode. Because of legislative intervention employers must bargain with union. Sections 91 and 92 of the constitution act. Section 91 federal powers areas it can pass laws in relation to . Section 92 provincial powers areas they can pass laws in relation to . Labour is not mentioned in section 91 or 92. If it isn"t given to provincial government it goes to federal government. Fines, jail time if you didn"t take this time. 1925 toronto electric commissions v. snider (privy council) Supreme court decided this act was constitutional. Held labour relations was in relation to property and civic rights .
