LEEL 570 Lecture Notes - Lecture 18: Helen Baxendale, Asurion, Punitive Damages
27 Jun 2018
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Exam Review – April 16, 2018
Part I:
The Employment Relationship
Evolved historically from the "master-servant" status-based relationship (Pilarczyk) to a modern
"contract of employment"
Vestiges of the past remain in the present, captured in many of the "obligations" in the
employment relationship
Imperfect fit btwn the notion of "contract" and the notion of "employment"
Dickson CJ's oft-quoted dissent
Employment as a relational K (Bird)
Importance of life-cycles – work-cycles
Sources of Employment Law
Plurality of sources
Private law rules – CCQ, CML
Human rights framework – Canadian Charter and quasi-constitutional legislation: Qc Charter,
CHRA, codes
Remedial legislation – LNT in particular
Workplace norms
Part II:
Recruitment and the Law
Questioned the purely private characterization of "employment law"
Public law norms heavily shape the character of the employment relationship
This is particularly witnessed in a context (Qc) in which ordinary courts are expected to engage
with human rights law (Qc Charter)
oSubstantive equality norms (Meiorin contrasted with Bombardier)
oEmployment equity legislation (Gaz Metropolitain)
oMigrant workers (Re Henriquez, P.N.)
Part III:
Establishing Relationships
Who is an ee, who is an er?
Increasingly challenging questions as the world of work moves away from the classic model of
the vertically integrated firm -
oFragmentation, contractualization of work (Dicom Express)
oWorker over a life cycle can move btwn various "statuses", sometimes simultaneously
(Rachelle Emond)
oWhat does it mean tobe an "autonomous" worker? (Tendances & Concepts)
Do tests established within the context of vicarious liability (Sagaz) adequately capture the
establishment of contemp employment relationships?
Should intention matter? How much? (Connor Homes)
What is the role of the state? (ILO Recommendation No. 198)
Should the purpose of the statutory instrument matter? (Barton, McCormick) - and if so to what
point (McCormick)
Part IV:
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Evolved historically from the "master-servant" status-based relationship (pilarczyk) to a modern. Vestiges of the past remain in the present, captured in many of the "obligations" in the employment relationship. Imperfect fit btwn the notion of "contract" and the notion of "employment" Human rights framework canadian charter and quasi-constitutional legislation: qc charter, Questioned the purely private characterization of "employment law" Public law norms heavily shape the character of the employment relationship. This is particularly witnessed in a context (qc) in which ordinary courts are expected to engage with human rights law (qc charter) o o o. Increasingly challenging questions as the world of work moves away from the classic model of the vertically integrated firm - o o. Worker over a life cycle can move btwn various "statuses", sometimes simultaneously (rachelle emond) o. What does it mean tobe an "autonomous" worker? (tendances & concepts) What is the role of the state? (ilo recommendation no.
