IRE430Y1 Study Guide - Midterm Guide: Baycrest, The Globe And Mail, Cogeco

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Chapter 1 - canadian work in a nutshell. The employment relationship has 3 distinct legal regimes: common law of employment, regulatory standards law, collective bargaining law. The system of laws that governs employment consists of 3 distinct, yet overlapping, regimes: the common law regime (under employment law, the regulatory standards regime (under employment law, the collective bargaining regime (under labour law) Legal rules found in employment contracts between ee & er. Rules that judges have developed over the years when interpreting those contracts. Court of first instance (lower courts) -> court of appeal -> scc. The cornerstone of the common law regime is the employment contract. Freedom of contract supporters argue that negotiation conditions of employment offers the fairest & most efficient outcomes; ensures respect for dignity, autonomy and equality. Disputes between er & ee in which one accuses the other of breach of contract can lead to trial. Common law system operates on a precedent-based system = stare decisis.