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Full-Text Articles in Law

Improving Employment Standards And Their Enforcement In Ontario: A Research Brief Addressing Options Identified In The Interim Report Of The Changing Workplaces Review, Leah F. Vosko, John Grundy, Eric Tucker, Andrea M. Noack, Alan Hall, Mark P. Thomas, Rebecca Casey, Kiran Mirchandani, Guliz Akkaymak Oct 2016

Improving Employment Standards And Their Enforcement In Ontario: A Research Brief Addressing Options Identified In The Interim Report Of The Changing Workplaces Review, Leah F. Vosko, John Grundy, Eric Tucker, Andrea M. Noack, Alan Hall, Mark P. Thomas, Rebecca Casey, Kiran Mirchandani, Guliz Akkaymak

Commissioned Reports, Studies and Public Policy Documents

The quality of employment available to Ontarians is a growing concern among legislators, policymakers, and the general public alike. There is widespread recognition that precarious employment and the challenges posed by the associated realignment of risks, costs and power relations between employees and employers require improvements to employees’ legislative protection. Ontario’s Changing Workplaces Review (CWR) affords us an opportunity to take stock of important changes taking place the province’s labour market. As the Terms of Reference introduced at the outset of the CWR note, “far too many workers are experiencing greater precariousness” in employment in Ontario today than in the …


Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps Jan 2016

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

All Papers

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to …


Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000, Leah F. Vosko, Andrea M. Noack, Eric Tucker Jan 2016

Employment Standards Enforcement: A Scan Of Employment Standards Complaints And Workplace Inspections And Their Resolution Under The Employment Standards Act, 2000, Leah F. Vosko, Andrea M. Noack, Eric Tucker

All Papers

No abstract provided.


A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey Jan 2016

A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey

Osgoode Legal Studies Research Paper Series

Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept …


Outsourcing And Supply Chains In Canada, Eric Tucker, Leah F. Vosko, John Grundy, Alec Stromdahl Jan 2016

Outsourcing And Supply Chains In Canada, Eric Tucker, Leah F. Vosko, John Grundy, Alec Stromdahl

Articles & Book Chapters

While data on the extent of outsourcing by Canadian businesses is scant, there is general agreement that over the last several decades the phenomenon has increased and taken a variety of forms including the use of global supply-chains (offshoring) and domestic subcontracting (outsourcing).175 In this way, large businesses have been able to shed responsibility for the employees who actually perform the work. David Weil has aptly characterized this phenomenon as “fissuring”, which can take a variety of forms including sub-contracting, franchising, and other arrangements.176 A related phenomenon that will be addressed here is the use of temporary employment agencies through …


Equality, Non-Discrimination And Work-Life Balance In Canada, Eric Tucker, Alec Stromdahl Jan 2016

Equality, Non-Discrimination And Work-Life Balance In Canada, Eric Tucker, Alec Stromdahl

Articles & Book Chapters

The principle that everyone has a right to equal treatment was first entrenched in Canadian law in the aftermath of the Second World War when legislation began to be enacted prohibiting discrimination on the basis of sex, race and religion. Since that time, the grounds of prohibited discrimination have steadily increased. These grounds will be discussed in greater detail in the answer to question 1. Because Canada is a federal state and courts have held that legislative authority over human rights is primarily a matter of provincial jurisdiction, there is no uniform law of Canada. Nevertheless, the provisions of statutory …


Working Time And Flexibility In Canada, Eric Tucker, Leah F. Vosko Jan 2016

Working Time And Flexibility In Canada, Eric Tucker, Leah F. Vosko

Articles & Book Chapters

Canada is a federal state and, under its constitution, legislative jurisdiction over labour and employment is vested primarily in its provinces and territories. As a result, there is no generally applicable national regime regulating hours of work, but rather a patchwork of laws with limited reach. It is not possible to cover all these laws in a brief overview and so we have chosen to focus on the laws of Ontario, Canada’s most populous province. However, it is also fair to say that while provincial laws vary, the law of Ontario reflects the general pattern of hours of work laws …