This national publication reviews and analyzes the general trends in Canadian employment along with the underlying forces that are determining the future development of the law.
Butterworths Employment Law in Canada, 4th Edition specifically examines a multitude of issues surrounding the "employer and employee", and the "master and servant" relationship and in so doing, analyzes the application of:
- Common Law of the employment contract
- Provincial and Federal Employment/Labour Standards legislation which establishes a floor of irreducible rights with respect to such things as: minimum wages, hours of work, overtime, wage statements, holidays and vacations, maternity and parental leave, sick leave, equal pay for men and women etc.
- Human Rights Codes that prohibit discrimination on specified grounds in the employment context
- Special Legislation that commonly determines the rights and obligations of employees and employers relating to pension benefits, privacy, pay equity, health and safety, non-payment of wages, worker's compensation and unemployment insurance
- International Labour Laws that may bind the federal, and even some provincial governments, such as the Labour Side Agreement in the North American Free Trade Agreement
- The relationship between different forums for enforcing employment rights, including res judicata problems
- Other legislation such as the statutes of frauds, corporations legislation and debt collection legislation that can bear on the employment relationship
Employment Law in Canada, 4th Edition offers expert guidance on interpreting and researching applicable case law (enhanced by the addition of LexisNexis® Quicklaw® citations), developing your arguments and managing risks in the workplace arena. It offers:
- Comprehensive Approach - 20 Chapters address the legislation and case law affecting virtually every area of employment law
- National Scope - Covers the law in all provincial common law jurisdictions
- Up-to-date Information - The looseleaf format combined with regular releases ensure that the publication is updated to reflect the law as articulated in the hundreds of court decisions handed down each year
- Social and economic policies that are driving the future evolution of employment law
Billing Method: Updates Billed As Issued
Part I: Formation of the Employment Relationship
Chapter 1: Introduction: Employment Law and the Economic and Social Context
Chapter 2: The Employment Relationship: Is This Person an “Employee”?
Chapter 3: The “Employer”
Chapter 4: Eligibility: Who can be an Employer or an Employee?
Chapter 5: Limitations on the Employer’s Criteria for Selection
Chapter 6: Personal Information Required on Hiring
Chapter 7: The Formalities of Hiring: Making the Contract of Employment
Part II: The Statutory and Common Law Rights and Obligations of Employers and Employees
Chapter 8: The Employer’s Statutory Obligations
Chapter 9: Health and Safety Legislation
Chapter 10: The Employer’s Express and Implied Contractual Obligations
Chapter 11: Employee’s Statutory Obligations and Common Law Obligations
Part III: Termination of Employment
Chapter 12: Expiry of the Term of Employm
ent Chapter 13: Quitting
Chapter 14: Firing by Notice or Wages in Lieu
Chapter 15: Summary Dismissal
Chapter 16: Common Law Remedies for Wrongful Dismissal
Chapter 17: Wrongful Dismissal by Virtue of Legislation
Chapter 18: Frustration of the Employment Contract and Temporary Discontinuance of Work
Chapter 19: Wage Recovery
Chapter 20: The Relationship between the Multiple Forums for Enforcing Employment Rights
Original Authors: Geoffrey England & Innis M. Christie; Updating Authors: Peter Barnacle & Roderick Wood
Geoffrey England, LL.B, (London School of Economics); MA, Industrial Relations (Warwick University); LLM (Dalhousie University). Currently employed as a Professor of Labour Law and Industrial Relations, College of Commerce, and Adjunct Professor, College of Law, University of Saskatchewan. Previously employed at the Faculties of Law at the University of Calgary and Queen’s University; and at the Faculty of Management, Lethbridge University. Professor England holds the appointment of standing Wage Appeal Referee under the Saskatchewan Labour Standards Act, and also acts as a collective agreement arbitrator.
Professor Roderick Wood teaches and publishes in the areas of commercial law, bankruptcy and insolvency law, and debtor-creditor law. He is the author of several books on Canadian personal property security legislation. He has been active in developing and promoting the use of educational technology in law, and recently launched the first Web-enhanced course at the law faculty. Professor Wood currently serves as Commissioner on the Law Commission of Canada, and was a member of the Board of the Alberta Law Reform Institute from 1997-2001. He is a founding member of the Canadian Conference on Personal Property Security Law.