ADMS 3420 Lecture Notes - Lecture 1: Precedent
24 May 2018
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Chapter 1
The Three Regimes of Law
The system of laws that governs employment consists of three distinct, yet overlapping, regimes:
(1) The common law regime
(2) The regulatory standards regime
(3) The collective bargaining regime
The oo la ad regulatory stadards regies together are usually laelled Eployet
La. We are oered ith these regies i this lass. – The collective bargaining regime deals
with the laws governing unions, collective bargaining, and unionized workplaces (usually known
as Labour Law). Those laws are dealt with in Industrial Relations courses.
The Common Law Regime
• The oo la regie oprises oth the la of eployet otrats ad the la of torts
and includes the following rules:
- Judge-made legal rules called Torts , including defamation, trespass, nuisance,
negligence, etc.
- Legal rules found in employment contracts between employees and employers
- Rules that judges have developed over the years when interpreting those contracts
The Law of Contracts
- The cornerstone of the common law regime is the employment contract, and the beacon
of freedo of otrat.
- Disputes between employers and employees in which one accuses the other of violating
an employment contract can lead to a trial before a judge
- Those judgments are recorded in legal decisions, which become part of the common law.
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Document Summary
The system of laws that governs employment consists of three distinct, yet overlapping, regimes: (1) the common law regime (2) the regulatory standards regime (3) the collective bargaining regime. The (cid:272)o(cid:373)(cid:373)o(cid:374) la(cid:449) a(cid:374)d regulatory sta(cid:374)dards regi(cid:373)es together are usually la(cid:271)elled (cid:858)e(cid:373)ploy(cid:373)e(cid:374)t. We are (cid:272)o(cid:374)(cid:272)er(cid:374)ed (cid:449)ith these regi(cid:373)es i(cid:374) this (cid:272)lass. The collective bargaining regime deals with the laws governing unions, collective bargaining, and unionized workplaces (usually known as labour law). Those laws are dealt with in industrial relations courses. The common law regime: the (cid:272)o(cid:373)(cid:373)o(cid:374) la(cid:449) regi(cid:373)e (cid:272)o(cid:373)prises (cid:271)oth the la(cid:449) of e(cid:373)ploy(cid:373)e(cid:374)t (cid:272)o(cid:374)tra(cid:272)ts a(cid:374)d the la(cid:449) of torts and includes the following rules: Judge-made legal rules called torts , including defamation, trespass, nuisance, negligence, etc. Legal rules found in employment contracts between employees and employers. Rules that judges have developed over the years when interpreting those contracts. The cornerstone of the common law regime is the employment contract, and the beacon of (cid:858)freedo(cid:373) of (cid:272)o(cid:374)tra(cid:272)t(cid:859).
