LEEL 369 Lecture Notes - Lecture 1: Labour Law, Legal Certainty, Concentric Objects
4 Aug 2019
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Isidore garon (cont"d): lebel & deschamps: different visions. ** labour code is the primary source, but it"s influenced by other 2. The rights arising from individual relationships can be reconciled with those arising from collective relationships. The state law (ccq, code, and the rules emanating thereof) is the same; it"s the labour relationships that have changed. Para 129: recognizing that you"re in the context of labour relationships is not the end of the story; other things might apply. We already knew that arbitrators were obligated to take human rights norms into account. Basically lebel doesn"t give a full answer of what law might apply. This is not the basis of the dissent: the basis is how we characterize the obligation: whether it"s implicit or not. Lebel is prepared to say that this is of public order and has to be considered by the arbitrator, and that the arbitrator will find an arrangement that reconciles.
