LABR 2P03 Lecture Notes - Lecture 4: Original Six, Supermarine S.5, Royal Assent
29 Oct 2015
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Will briefly discuss employment standards act and human right code. Legislation that has stepped in to try to fill deficiencies in common law. 2 main justifications (rationale) for statutory interventions: prevent exploitation, establish minimum floor of rights . Those with less bargaining power will be exploited if left to freedom of contract: provide more accessible, speedy method for regular folks to enforce these rights. If you perform management functions you are not entitled to overtime. People who are employees but cannot enjoy benefits of esa. Significance of re becker milk co for understanding the esa: need to establish employee status. Outside f esa if not: even if an employee for purposes of esa, are numerous exclusions and must not fall within one or more of the countless exclusions. Esa s. 3 (2), (3), (4), and (5) Esa applies to employees if they work in ontario or in they work outside of ontario but if that work continues inside ontario.
