ADM 2337 Lecture Notes - Lecture 10: Employment Contract, Collective Bargaining, Quasi-Contract
Document Summary
The common law of employment: implied contract terms. Legislation- statutory employment regulations: government employment legislation works alongside common law, usually as a default minimum. Collective bargaining legislation and labour arbitration: eg ontario labour relations act- rights of employees to organize into unions, bargain collectively with the employer, and strike under certain situations. Implications: the employer cannot unilaterally change the conditions of employment, employee can treat this as a breach of contract, can claim constructive dismissal. Constructive dismissal : when an employer, without the consent of the employee, changes a fundamental term of employment such as wages and then forces the employee to either accept this, change or quit. A person"s employment is terminated if the employer: dismisses or stops employing an employee, constructively dismisses an employee (and the employee resigns, in response);lays an employee off for a period that is longer than a temporary layoff .