The Law of Work (LAW263H1S)

At the core of successful economies and just societies are human beings at work. This course is a survey of our system of law regulating work, a system which includes common law, general statutory regulation, and collective bargaining law. In addition to covering the basic principles of each of these legal regimes, the course is intended to compare critically the manner and the extent to which each of them structures, liberates, or constrains, human capability and thus the extent to which each contributes to a productive and just Canada. Key debates in Canadian constitutional labour law are also considered. The ability of this domestic system to operate within and respond to a reality of global economic integration is questioned and some elements of transnational labour law are reviewed.  

Specific topics include the common law contract of employment, including wrongful dismissal; employment standards legislation and its administration; and other statutory forms of regulation including human rights legislation. The law of collective bargaining will be canvassed in detail, including certification, unfair labour practices, bargaining, industrial conflict and the administration of the collective agreement. International approaches to labour regulation are also considered.