Canadian jurisprudence and the employment contract
Brodie, Douglas (2022) Canadian jurisprudence and the employment contract. Industrial Law Journal, 51 (3). pp. 626-642. ISSN 0305-9332 (https://doi.org/10.1093/indlaw/dwab017)
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Abstract
The jurisprudence of the Canadian Supreme Court has been at the forefront of a judicial conversion to a more progressive view of the employment relationship, which is attuned to key realities such as inequality of bargaining power. The Court’s influence can be seen in the decisions of courts in other jurisdictions such as the UK. The change in outlook has had a discernable impact on doctrinal development. In recent years, the Canadian Supreme Court has elevated the importance of good faith in contract law as a whole. In 2020, in a series of key decisions, the Court explored some of the implications for the law of employment contract. This article seeks to explore whether those developments will be of relevance to the development of the employment contract here.
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Item type: Article ID code: 77826 Dates: DateEvent30 September 2022Published29 June 2021Published Online2 June 2021AcceptedSubjects: Law > Law of Nations Department: Faculty of Humanities and Social Sciences (HaSS) Depositing user: Pure Administrator Date deposited: 20 Sep 2021 15:01 Last modified: 15 Dec 2024 01:34 URI: https://strathprints.strath.ac.uk/id/eprint/77826