LEEL 369 Lecture Notes - Lecture 7: Privative, Demutualization, Temporary Work
4 Aug 2019
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Document Summary
> in-house counsel, qc administrative labour tribunal: administrative law primer. Three functions of admin law: administrative -- quasi-judicial -- judicial. Exercises delegated executive power: labour law regimes, arbitration: Union has standing; it"s not a dispute between employers and employees. But: employee can gain standing if asks the adminstrative labour. Tribunal to request permission to represent themself (like if the union doesn"t represent them properly) Arbitrators can apply any laws; one-stop shop for unionized workers. Winner takes all : the cost of arbitration is often awarded to the loser. Can be lawyers: quasi-judicial tribunal (administrative labour tribunal): Contest administrative decisions (ex: refusal to compensate for work injury after a complaint) Applies 39 laws: human rights protection: Disciplinary actions are between civil and criminal. * all these processes are subject to judicial review i. e. the inherent powers of the superior courts. * privative clauses have limited effect: history of labour & employment law (1964-present) * went from piecemeal institutions to harmonizing everything.
