The Law of Work (LAW263H1F)

Note: This course was formerly titled "Labour and Employment Law".

Work is central to questions of social and economic justice, equality and inclusion, as well as to the fate of public policies concerning economic growth, social welfare and public health. This course surveys the law regulating work, a system which includes the common law, statutory regulation of the employment relationship, collective bargaining law and equality and human rights law at work. In addition to covering their principles and institutions, the course aims to examine the manner and extent to which each of these regimes structures workplace relations and responds to the challenges of work in the new economy, including the rise of precarious work.  We will consider key cases and debates concerning within Canadian constitutional law, the impact of global economic integration on the design of labour law and policy, as well as elements of international and transnational labour law.

Specific topics include the common law contract of employment, including wrongful dismissal; employment standards and their administration; and the regulation of human rights and privacy in the workplace. The law of collective bargaining will be canvassed in detail, including certification, unfair labour practices, negotiations, industrial conflict, arbitration and administration of the collective agreement and union duties of representation.