LABRST 3C03 Lecture Notes - Lecture 2: Independent Contractor, Status Quo, Canada Act 1982
3 Oct 2020
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Document Summary
Canada federal state canada act constitution. S. 91(federal jurisdiction) and s 92 (provincial jurisdiction) Employment property and civil rights provincial. However, employment in federal undertaking (listed in s. 91) federal. Federal legislation covers 10% of labour force in canada in federal undertakings and the rest are under province (where employment takes place generally) Most are self-evident: mines, grocery stores, banks, shipping. Some controversial first nation"s enterprises; telecommunication. Statutes statues provide non-derogable (cannot contract out of) rights and duties unless expressly allow. Employment standards adjudicate disputes via employment tribunal; reconsideration; judicial review. Human rights code adjudicate disputes at human rights tribunal; go to hr tribunal and then to courts. Collective bargaining: third type of regulation (3 types of regulation: common. Law, statutes, collective bargaining share a commitment to status quo rules until plaintiff rules the case, have a common gate way). Framework to stop the common law of contract and property -- moves form individualism to collectivism.
