The Law of Work:Complete Edition
"This is the Canadian employment and labour law text for our time."
—Harry Arthurs, York University, Emeritus.
The Law of Work: Complete Edition is the first text to offer a comprehensive and up-to-date overview of all aspects of work law in Canada for a non-law audience. It offers thorough coverage in short, focused chapters, making it an ideal text for any overview course.
This volume explores all three work law regimes—common law, regulation, and collective bargaining—in a user-friendly manner. Complex legal issues and policy debates are presented using accessible language, and highlight boxes clearly distinguish and examine key court decisions.
- Combines two previous Law of Work volumes into a single comprehensive edition.
- Explains terms and concepts clearly for readers with no previous law background.
- Links various parts of the book through a framework that demonstrates how work law influences and is influenced by broader social, economic, political, and legal forces.
- Ties content closely to David Doorey's award-winning blog, LawofWork.ca, which provides links updating the book's coverage, and further commentary on key issues and news stories.
- Includes chapter pedagogy such as boxes, definitions, summaries, discussion questions, updates, and external links.
- Features important case decisions, prominent theories and thinkers, key concepts, and debates in highlight boxes.
- Emphasizes key concepts, law, and issues—without excessive detail—through concise chapter design.
- Provides clearly defined terms and a full glossary.
Part I: The Law of Work: Themes, Frameworks, and Perspectives
1: Canadian Work Law in a Nutshell
2: The Law of What? Employment, Self-Employment, and Everything in Between
3: A Framework for Analyzing the Law of Work
4: Key Perspectives That Shape the Law of Work
Part II: The Common Law Regime
Formation and Requirements of an Employment Contract
5: A Brief History of the Common Law Model of Employment
6: The Job Recruitment and Hiring Process
7: The Requirements of an Employment Contract
The Employment Contract
8: Expressed and Ancillary Employment Contract Terms
9: Implied Employment Contract Terms
10: Modifying Employment Contracts
The End of an Employment Contract
11: Termination by Agreement of the Parties
12: Termination by "Frustration"
13: Termination by an Employer with "Reasonable Notice"
14: Summary Dismissal: Termination for Cause Without Notice
15: "You Forced Me to Quit!": The Special Case of Constructive Dismissal
16: Damages in Wrongful Dismissal Lawsuits
17: "I Quit!": Termination of the Employment Contract by the Employee
Tort Law and Work
18: Tort Law and the Employment Relationship
Part III: The Regulatory Regime
19: Mapping Labour Market Regulation
20: The Charter of Rights and Freedoms and Regulatory Standards
Employment Protection Regulation
21: Regulating Wages and Pay Equity
22: Regulating Working Time
23: Regulating the End of Employment Contracts
24: Regulating Worker Safety and Injuries
25: Mapping Human Rights at Work
26: Putting Human Rights Law to Work
27: What Are the Prohibited Grounds of Discrimination?
28: Bona Fide Occupational Requirements and Other Discrimination Defences
29: The Duty to Accommodate
30: Regulating Unemployment
Broader Labour Market Regulation
31: The Right to Work: Immigration and Mobility Law
32: Intellectual Property Law and Work
33: Privacy Law at Work
34: Pensions, Insolvencies, Bankruptcies, and the Worker
35: International Law, Trade Law, and Globalization
Part IV: Industrial Relations and the Collective Bargaining Regime
36: Mapping the Collective Bargaining Regime: Introductory Concepts
37: A Brief History of the Canadian Labour Movement and the Law
38: A Closer Look at Unions
39: The Unionization Process
40: Unfair Labour Practices
41: The Law of Collective Bargaining
42: Industrial Conflict: Strikes, Lockouts, and other Bargaining Tactics
43: The Collective Agreement
44: Grievances and Labour Arbitration
45: What is “Just Cause” for Discipline or Discharge of Unionized Employees?
46: Decertification and the Regulation of Unions
47: Public Sector Labour Relations
The Charter and the Law of Work
48: The Charter of R & F and the Coll Bargaining Regime