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- Adell (1)
- Bhasin v. Hrynew (1)
- Canadian Charter of Rights and Freedoms (1)
- Canadian Employment Law (1)
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- Contract law (1)
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- Freedom of association; constitutional labour law; legislative override; Canada; Expenditure Restraint Act; Meredith (1)
- Good faith (1)
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Articles 1 - 7 of 7
Full-Text Articles in Law
The State Giveth And Taketh Away: Public Sector Labour Law, The Legitimacy Of The Legislative Override Power And Constitutional Freedom Of Association In Canada, Claire Mumme
Law Publications
This article investigates the role of courts and legislatures in the design and enforcement of labour laws in the context of public sector employment. It does so by focusing on government employers’ legislative ability to temporarily override public sector labour rights, or to displace outcomes achieved under their processes. This issue is analysed through a case study of Canada, a country which offers constitutional protections for freedom of association, but which is also constructing a highly deferential approach to the constitutional review of override statutes. As a result of this deference, governments have been afforded significant leeway in the use …
Questions, Questions: Has Weber Had An Impact On Unions’ Representational Responsibilities In Workplace Human Rights Disputes?, Claire Mummé
Questions, Questions: Has Weber Had An Impact On Unions’ Representational Responsibilities In Workplace Human Rights Disputes?, Claire Mummé
Law Publications
This essay attempts to put forward a research agenda for properly evaluating the changing nature of unions’ human rights representational obligations since Weber. I begin by investigating two legal questions: first, whether unions are held to a more stringent duty of fair representation (DFR) standard in regards to members’ discrimination grievances than prior to Weber and Parry Sound, and second, whether there has been a broadening of the concept of union discrimination under human rights codes, such that unions may be held liable for failing to bring forward discrimination grievances. With the legal picture in place, I then set out …
Bhasin V. Hrynew: A New Era For Good Faith In Canadian Employment Law, Or Just Tinkering At The Margins?, Claire Mummé
Bhasin V. Hrynew: A New Era For Good Faith In Canadian Employment Law, Or Just Tinkering At The Margins?, Claire Mummé
Law Publications
In Commonwealth Bank Australia v Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority.[1] Issued a bare two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court acknowledged good faith as a central organizing principle of contract law, and announced a new duty of honest performance applicable to all contracts. A few months later the Court applied the new organizing principle of good faith to …
Property In Labour And The Limits Of Contract, Claire Mummé
Property In Labour And The Limits Of Contract, Claire Mummé
Law Publications
As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization …
The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé
The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé
Law Publications
In her analysis of the purpose of the Ontario Human Rights Code, the author draws on Nancy Fraser’s distinction between the two main strategies that have been used to combat inequality. Strategies of redistribution, which prevailed among equality activists in the early twentieth century, see inequality as arising from unequal access to economic resources. Strategies of recognition, which have come into prominence more recently, see inequality as arising from sociocultural prejudices that deny equal recognition to disadvantaged groups. Although the Ontario Human Rights Code is often seen as focusing on recognitional issues, the author argues that through the market relationships …
Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld
Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld
Law Publications
No abstract provided.
Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody
Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody
Law Publications
No abstract provided.