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
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
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