Chapter 1 Flashcards
What are the three regimes of work law?
1) The Common Law Regime
2) The regulatory regime
3) The collective bargaining regime
Contract
Any act of parliament can overrule the most established common law rule.
Torts
A type of wrongful act done by one person to another (or to another’s property) that judges have recognized as legally actionable. Examples are nuisance, trespass, negligence, and conspiracy.
Stare Decisis
A Latin term meaning “to stand by a previous decision.” It is a guiding principle in the common law regime.
What are the 5 key perspectives on employment law?
1) Neoclassical
2) Managerialist
3) Industrial pluralist
4) Critical Reformist
5) Radical
In terms of Neoclassical what are labour markets?
Fully efficient and perfectly competitive
In terms of Neoclassical what is employment law
Unnecessary, causing rise in labour costs. Result in loss of flexibility with negative economic outcome.
In terms of Managerialist what are labour markets
Not fully efficient and need intervention if not producing optimal result for employee motivation.
In terms of Managerialist what is employment law
Main unnecessary because it is in employer’s own interest to treat employees well. Regulation should be light and low standards set to only address problematic employers.
In terms of Industrial Pluralist what are labour markets
Imperfect with a major power imbalance between employers and employees
In terms of Industrial Pluralist what is employment law
Needed to protect employees from harsh treatment and ensure basic fair working conditions esp. for non-unionized employees.
In terms of Critical Reformist what are labour markets
Same as industrial pluralist with emphasis on power imbalance causing unfavorable working conditions for women, visible minorities, immigrants and other disadvantaged groups.
In terms of Critical Reformist what is employment law
Same as industrial pluralists, emphasizing need for strong employment laws.
In terms of Radicalwhat are labour markets
There for capitalists to maintain privilege, control and power
In terms of Radical what is employment law
Regulation not an effective tool to address employee exploitation in capitalist market.
What does it take to form an employment contract?
Intention of the parties
Offer
Acceptance
Consideration
Legal capacity
Legality
Usually, no form requirements
What does it take to end an employment contract?
Lapse of time (for contracts concluded for a definite period of time)
Termination by the employer
Termination by the employee
Termination by frustration
Termination by agreement of the parties
Death of the employee
What makes the employment contract special?
*Lack of equal bargaining power between the parties
*One of the most heavily regulated contractual relationships
*Traditionally concluded for a long-indefinite - period of time
*The issue of implied terms
*The status of being an employee, i.e. the “Contractor” issue
*Emerging new forms of “employment”, the gig workers and crowd work
*In a unionized environment, its terms are heavily impacted by the collective bargaining agreement.
What makes up Canada employment law in the international context
- ILO Conventions
- Bilaterial (Labour Cooperation) Agreements
- Regional arrangements
What are the federally regulated employment - related matters contributions
Canada Pension Plan (CPP)
Employment Insurance (E.I)
what are the key sources of employment legislation in SK
The SK Human Rights Code
The SK Employment Act
The OHS Regulations
What are the key sources of employment legislation Federally?
Canadian Human Rights Act
Canada Labour Code
Employment Equity Act
Pay Equity Act
