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Lecture 1

LAW 529 Lecture 1: Week 1 LAW 529


Department
Law and Business
Course Code
LAW 529
Professor
Pnina Alon- Shenker
Lecture
1

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Week 1 - Jan 15 Chapter 1
What is Employment and Labour law?
La goerig eploet relatioship / idiidual EE’s ad ER’s ad / uioized EEs, trade uio
and Ers
Employment law: non unionized EEs (terms based on indv contract of employment)
Laour la/ laour relatios/idustrial relatios: uioized EE’s ters ased o egotiated olletie
agreement)
Three legal regimes: common law, collective bargaining and statutory law
Labour is not a commodity
o Imbalance of bargaining power
A. Common Law Regime (Law of Torts + Contract Law)
Originated in england
Based on precedents
Decisions made by higher courts are binding on lower courts of the same jurisdiction
1. Law of Contracts
Has deep roots in the common law system
Cornerstone of common law regime = contract, particularly employment contracts b/w
employers and indv (non union) employees
Used to e  Master ad “erat la a sste of rules ased o status
Regular contractual principles apply
Freedo of otrat supporters argue that egotiation conditions of employment odders the
fairest and most efficient outcome
“ujet to appliale status parties hae freedo of otrat
Implied term of reasonable notice upon dismissal
Disputes b/w employers and employees in which one accuses the other of violating the contract
that can lead to a trial
Common law system operates on a precedent based system -> Stare Decisis
The remedy is damages (forward looking)
2. Law of torts
Personal wrong that one person (indv. Or corp) commits against another person
Intentional torts, negligence
Damages are backward looking
Judges can also order injunctions to remedy a tort
Courts system:
Court structure is hierarchical
SCC is final court of appeal
B. Regulatory Standard Regime
Rules governing the employment relationship created by gov and codified in legislation
Employers enjoy far superior bargaining power than do employees
Employees may unilaterally fix the terms of the contract
Inherent inequality of such an employment contract is recognized by the supreme court
Regulation is usually enforced by combos of government inspections and complaints by people believing
their stat rights have been violated
o Task of hearing those complaints = expert admin tribunals
Statutes are bills that have been successfully enacted by provincial or fed parliament
o Ma grat right to reate regulatios that fill i details…
Key ontario employment statutes
Employment Standards act
Labour relations act
find more resources at oneclass.com
find more resources at oneclass.com
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