LAW 529 Lecture Notes - Lecture 1: Canada Labour Code, Canada Pension Plan, Collective Bargaining
27 Sep 2016
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Document Summary
Employment law: non-unionized ee (individual contract of employment) Common law based on decisions of judges (evolving) Collective bargaining law collective agreements negotiated by ers and trade unions. Labour law/labour relations/ industrial relations: unionized ees (negotiated collective agreement) Law that governs the employment relationship between individuals ees and ers and between unionized ees, trade unions and ers. Common law of contracts: labour is a commodity; employment contract = commercial contract: not commodity: imbalance of bargaining power, work as a central component of employee"s lives. 3 legal regimes: common law, collective bargaining and statutory law. Federal state w/ 3 levels of government: federal, provincial, municipal. 91-92 (constitution) states no specific reference to employment matters: toronto electric commissioners v. snider. Federal govt. has author over industries of national importance. Ontario employment statues: employment standards act: sets minimum terms of employment. Federal employment statues: the two main statues (applies to employers and employees)
