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Full-Text Articles in Law

Employment Law And The Mentally Handicapped, J. Helen Beck Nov 1980

Employment Law And The Mentally Handicapped, J. Helen Beck

Dalhousie Law Journal

Mental handicaps affect a suprisingly large part of the community. If the handicapped cannot make themselves self-sufficient, they become a great economic burden whereas they may have the potential of being contributors to society. This paper will examine aspects of the law relating to employment opportunity and certain social service structures, and question the extent to which they further a handicapped person's goal of fulfilling his employment potential. Field research was done only in the Halifax area, but the analysis is pertinent across Canada because the statutory provisions, social services and social assistance structures found in Halifax are on the …


Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey Jul 1980

Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey

Dalhousie Law Journal

Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …


The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman Jul 1980

The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman

Dalhousie Law Journal

The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …