LAW 529 Lecture Notes - Lecture 5: Canada Labour Code, Canada Pension Plan, Precedent

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Law 529: employment and labour law (september 7th, 2012) Non-unionized employees (terms based on individual contract of employment). Unionized employees (terms based on negotiated collective agreement). Common law of contracts: labour is a commodity. Work as a central component of employee"s lives. Canada is a federal state with three levels of government: federal, provincial, and municipal. Municipalities have no jurisdiction over employment law. Sections 91-92 of the constitution (1867) (division of powers): no specific reference to employment matters. Toronto electric commissioners v. snider: employment law falls within the provincial jurisdiction. The federal government has authority over industries of national importance (e. g. banks, telephone companies, airlines, television and radio stations). Although employment laws in all provinces are similar in principle, they vary in detail. Common law based on decisions of judges (and evolves over time). Employment standards act: sets minimum terms of employment (e. g. vacation pay, overtime pay, hours of work).

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