Here are links to the 2009 Supplementary Readings (and a few of the additional (not assigned) readings).

PART ONE: COMMON LAW OF EMPLOYMENT

Hiring

Seneca College of Applied Arts and Technology v. Bhadauria [Is discrimination in hiring unlawful under the common law?]

Blue Line Taxi [is a taxi driver a 'worker' under the Workplace Safety and Insurance Act?]

The Employment Contract

Stephenson v. Hiliti [unconscionable employment contract terms]

England excerpt on implied obligations of employees in employment contracts

Davies v. Fraser Collection (Is a layoff a breach of contract?)

Ellison v. Burnaby Hospital [Is an employee handbook part of the employment contract?]

The End of the Employment Contract

b.   Dismissal With Reasonable Notice

Cronk v. Canadian General Insurance [exploring how courts determine 'reasonable notice' of termination at common law]

Wronko v. Western Inventory (Can an employer change terms of contact without employee’s agreement?]

Stowar v. Telehop [What happens when an employer makes a mistake in the termination letter?]

K. Stone, “Revisiting the At-Will Employment Doctrine” (pages 1-6, explaining origins of American ‘at-will’ doctrine)  [handed out in class]

R. Epstein, “The Contract at Will” from Simple Rules for a Complex World  (156-159) [handed out in class]

G. Catherwood, “Notice and Damages in Wrongful Dismissal Actions”

c.   Dismissal For Cause

Kelly v. Linamar Corp(dismissal for possession of child pornography)

Carscallen v. FRI Corp (suspending an employee without pay)

G. England, Unjust Dismissal and Other Termination-Related Provisions

PART TWO: STATUTORY REGULATION OF EMPLOYMENT

a.   Employment Standards Legislation

Malles article on the history of employment standards regulation

M. Gunderson on the Minimum Wage (Read only the opening Executive Summary)

R. Posner, “Should Congress Raise the Minimum Wage?”

Daly on Minimum Wage

Bourette, “Breaking the Bank” (describing lawsuit for unpaid overtime against CIBC)

H. Arthurs, Fairness at Work (Federal Labour Standards Review Commission)  2006

b.     Human Rights Legislation

Just What Rigma Said [Toronto Star article describing comments by Reform M.P.]

Hydro-Quebec [SCC on the duty to accommodate in cases of innocent absenteeism]

Weyenhauser Co. (c.o.b. Trus Joist) v. Ontario (Human Rights Commission), [considering a refusal to hire due to 'perceived disability']

Minister’s Statement: Abolition of Mandatory Retirement

Ontario Human Rights Commission: “Hiring?” 

Doorey, Changes to the Federal Pay Equity Model

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