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Articles 1 - 9 of 9
Full-Text Articles in Law
Bc Teachers’ Federation V. British Columbia: The Supreme Court Takes A School Holiday, Eric Tucker
Bc Teachers’ Federation V. British Columbia: The Supreme Court Takes A School Holiday, Eric Tucker
Articles & Book Chapters
Constitutional labour rights in Canada now protect workers’ freedom to organize and bargain collectively and to strike. These associational freedoms are especially important for public sector workers, the most frequent targets of legislation limiting their freedoms. However, the Supreme Court of Canada judgments recognizing these rights and freedoms have also introduced important ambiguities about their foundation, scope and level of protection. This brief comment locates these ambiguities in the context of Canada’s political economy and industrial relations regime, which are beset by contradiction and conflict. It then explores the origins and development of the jurisprudential ambiguities in constitutional labour rights …
Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs
Labour Law In Post-Democratic And Post-Liberal Societies: A Case Of Cognitive Dissonance, Harry Arthurs
Conference Papers
Recently I contributed to a volume on the philosophical foundations of labour law. Most contributors located our subject within the discourse of liberal democracy, using terms such as “distributive justice”, “non-exploitation”, “dignity”, “citizenship”, and “social inclusion”. If you have a good memory, you’ll recall that such terminology once commanded respect amongst intellectuals and policy makers, that they were endorsed across the political spectrum, that they enjoyed widespread, if not deep, public support, that they even inspired practical public policies. If you have a good memory you’ll remember all that.
The Pomegranate Tree Has Smothered Me: International Law, Imperialism & Labour Struggle In Iraq, 1917-1960, Ali Hammoudi
The Pomegranate Tree Has Smothered Me: International Law, Imperialism & Labour Struggle In Iraq, 1917-1960, Ali Hammoudi
PhD Dissertations
This dissertation delves into the legal and labour history of Hashemite Iraq (c. 1921-1958) to explore the role international law and its institutions played in Iraqs state formation, as well as, the imperial control of the semi-peripheral region of the Middle East. By highlighting the historical specificity of the semi-periphery in international legal history, it shows how Iraq was a laboratory for experimentation with the concept of sovereignty. A unique doctrine of semi-peripheral sovereignty was skillfully developed by the Permanent Mandates Commission of the League of Nations in Geneva and embedded in the 1930 Anglo-Iraq Treaty to ensure Iraqs independence …
Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker
Compensating Work-Related Disability: Theory, Politics And History Of The Commodification-Decommodification Dialectic, Eric Tucker
Articles & Book Chapters
In 2015, the last year for which we have complete Canadian data, workers' compensation boards recognized that 852 Canadian workers died from work-related injuries and diseases and 232,629 workers experienced disabling injuries requiring them to take time off work. About 13 percent of those injured will have permanent disabilities of varying severity. These figures significantly underestimate the true burden of work-related disability for at least three reasons. First, the percentage of the paid Canadian workforce covered by workers' compensation has been shrinking. In 2008, it was estimated to stand at about 80 percent, although coverage bounced back to about 85 …
Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay
Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay
Articles & Book Chapters
Many economic historians agree that increased labour inputs contributed to Britain’s primary industrialisation. Voluntary self-exploitation by workers to purchase new consumer goods is one common explanation, but it sits uneasily with evidence of poverty, child labour, popular protest, and criminal punishments explored by social historians. A critical and neglected legal dimension may be the evolution of contracts of employment. The law of master and servant, to use the technical term, shifted markedly between 1750 and 1850 to advantage capital and disadvantage labour. Medieval in origin, it had always been adjudicated in summary hearings before lay magistrates, and provided penal sanctions …
Wage And Inequalities In Canada (2018), Eric Tucker, Isaac Handley
Wage And Inequalities In Canada (2018), Eric Tucker, Isaac Handley
Articles & Book Chapters
Canada is a federal state and, pursuant to its constitution, labour and employment law is principally a matter of provincial jurisdiction. The federal government’s powers in this field are limited to the federal public service and federally regulated businesses, which is estimated to cover about 10% of the labour force. Therefore, there are no nationally applicable laws governing the minimum wage or employment discrimination. In the discussion that follows, we refer to the common features that can be found in all or most Canadian jurisdictions, but draw principally upon the Province of Ontario, Canada’s most populous province, for specific examples.
Book Review - Larry Savage And Charles Smith, Unions In Court: Organized Labour And The Charter Of Rights And Freedoms, Eric Tucker
Articles & Book Chapters
The constitutionalization of labour rights in Canada is one of the most remarkable and, perhaps, unexpected developments in the 36 year history of the Charter of Rights and Freedoms. Few observers in 1982 would have predicted that the Charter rights of freedom of expression and association would provide constitutional protection for picket-line activity, collective bargaining, and strikes. Indeed, for some critical observers, the advent of the Charter was viewed as an ominous development, advancing the neo-liberal project of degrading and bypassing democratic institutions to insure the maintenance of conditions favourable to capital accumulation and the power of economic elites. …
Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack
Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack
Articles & Book Chapters
It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of $295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by …
Dismissal Due To Business Reasons In Canada, Eric Tucker, Christopher Grisdale
Dismissal Due To Business Reasons In Canada, Eric Tucker, Christopher Grisdale
Articles & Book Chapters
Canada is a liberal market economy and as such the law places few restrictions on the employer’s freedom to dismiss an employee. In particular, the law places no restriction on the freedom of employers to dismiss employees for business reasons. However, dismissed employees are entitled to certain rights, the most important of which is notice of termination or pay in lieu of notice.