Labour Law in Canada / Edition 5

Labour Law in Canada / Edition 5

by Trudeau, Geoffrey England, Brian D. Etherington, Gilles Trudeau
     
 

ISBN-10: 9041117504

ISBN-13: 9789041117502

Pub. Date: 12/01/2001

Publisher: Wolters Kluwer Legal & Regulatory

For a clear understanding of the legal protections and remedies availa ble to employers and workers in Canada, this convenient survey and ana lysis is ideal. Although it may be said that there are eleven distinct systems of labour law in Canada - encompassing ten provinces and the Federal government - the authors of Labour Law in Canada ensure depth of treatment by

Overview

For a clear understanding of the legal protections and remedies availa ble to employers and workers in Canada, this convenient survey and ana lysis is ideal. Although it may be said that there are eleven distinct systems of labour law in Canada - encompassing ten provinces and the Federal government - the authors of Labour Law in Canada ensure depth of treatment by focusing on common policy themes and typical legal sol utions, with significant departures noted in whatever province or area of law they may arise. However, the relevant law of the three most po pulous and influential provinces - Quebec, Ontario, and British Columb ia - is covered in particular detail, as is Federal labour legislation and case law. As an accurate and usable guide for lawyers not expert in Canadian law, Labour Law in Canada is without peer. It will be of particular value to business investors and their counsel.

Product Details

ISBN-13:
9789041117502
Publisher:
Wolters Kluwer Legal & Regulatory
Publication date:
12/01/2001
Edition description:
Subsequent
Pages:
410
Product dimensions:
6.14(w) x 9.21(h) x 0.84(d)

Table of Contents

List of Abbreviations
Introduction
I. General Observations
II. General Background Information
III. General Notions and Special Definitions
IV. The Canadian Labour Movement
V. The Role of Government Institutions in the Shaping and Administration of Labour Law and Industrial Relations Policy
VI. Sources of Labour Law

Part I. The Individual Employment Relationship
Chapter I. Definitions and Concepts
1. The Central Place of the Contract of Employment
2. Distinguishing the Contract of Employment from other Contracts to Provide Service
3. Formation of Contracts of Employment

Chapter II. Rights and Duties of the Parties to the Employment Relationship
1. The Roots of such Rights and Duties
2. The Employer's Duties and Obligations
3. The Employee's Duties and Obligations
4. Termination of Employment
5. Remedies for Breach of Contract

Part II. Collective Labour Relations
Chapter I. Trade Unions and Their Organizations
1. Trade Union Membership and Characteristics
2. The Canadian Labour Congress
3. Legal Status of Trade Unions

Chapter II. The Right to Organize
1. The Need for Statutory Protection
2. Protection of the Rights of Individual Employees
3. Protection of Trade Union Rights
4. Reconciling Employee, Employer and Trade Union Rights
5. Remedies

Chapter III. Legal Recognition of Collective Bargaining Rights
1. The Source of Collective Bargaining Rights
2. Acquisition of Collective Bargaining Rights
3. The Shape of the Collective Bargaining Structure
4. Transfer and Termination of Bargaining Rights

Chapter IV. The Collective Bargaining Process
1. The Union's Exclusive Authority to Bargain
2. The Statutory Freeze
3. Dispute-settlement Procedures
4. Conduct of Negotiations

Chapter V. Industrial Conflict
1. The Role of Conflict in the Canadian System of Industrial Relations
2. Forms of Conflict
3. Lawful Economic Sanctions
4. Unlawful Industrial Action
5. Remedies for Unlawful Industrial Action

Chapter VI. Collective Agreements
1. The Collective Agreement
2. Administration and Enforcement of the Collective Agreement
3. The Limited Role of the Courts
4. The Role of Labour Boards

Index

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