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Lecture

ADMS 3420 Employment Law (WEEK 1: WHAT IS LAW)

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Department
Administrative Studies
Course
ADMS 3420
Professor
All Professors
Semester
Summer

Description
ADMS 3420 EMPLOYMENT LAW Week 1 “WHAT IS LAW” 1. What is Law? It is the system of rules that a certain community recognizes as regulating actions of its members and may be enforced when someone in the community fails to obey. 2. What is Common Law? Where does it come from? What is a Precedent? Common Law is the law as found in the recorded judgments of the courts, which is why it is also called ‘case law’. Common Law is based greatly from previous cases, which are referred to as precedent. It originated from England during the reign of Edward I where books were commenced to record cases and judges’ decisions and have since then become available for legal professions. 3. What is Statute Law? Where does it come from? What is it’s relationship to the Common Law? Statute Law is a law passed by a properly constituted legislative body. It’s made by governments/ authorities who have the power to do so. Statutes are end result of a legislative process where wishes of the people are brought forward by the members of provincial legislature (or the Parliament of Canada) for debate in the legislative assembly. If the majority of the legislation believe that the law is necessary, then the law is officially made. Statute law can be used to create laws related to new events/ matters not covered by the Common Law, or even to change or abolish a Common Law rule or right. Statute law may be used to codify Common Law by collecting together in one written law the Common Law rules or principles relating to a specific matter. 4. What kind of relationship is Employment? It is a relationship between two parties that is usually based on contract (written) where one party is the employer and the other being the employee. The employer could be a person or institution that hires employee and offer wages/ salary in exchange for employee’s work contribution. 5. Under Common Law a) What Is an Employee? Employee is anyone who performs services for the employer, that is, someone/ institute who has the power to control what is to be done and how it is to be performed. Example: Cassey is a barista employed full-time in Jacob’s café. She works 5 days a week 8 hours per day and is responsible for customer service and preparing drinks for Jacob’s customers. Cassey reports to the store manager regarding any job injuries or concerns. Jacob pays Cassey on hourly basis and she gets her pay biweekly. Jacob is also responsible for the benefits such as health insurance, employee
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