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Hi everyone. As I noted in a recent email, there have been a couple of revisions to the syllabus due to some shifting of guest speakers. I have now added the changes to the revised Syllabus, which you can download here. You will need to use the password I have sent you via email.
Thursday Evening Class — April 11
In the pod for the opening Thursday evening, I am adding the Topic: Are Labour Rights Human Rights?
This is a good opening topic, because it introduces the relationship between international legal instruments and domestic labour laws. It engages important debates that are influencing judicial interpretations, particularly in Canada under recent Charter litigation relating to Section 2(d) freedom of association. Note how labour advocates have adopted human rights arguments as a strategy to protect labour laws from attack by governments that favour less regulation and collective bargaining. This creates a tension, since labour rights and human rights discourse and perspectives differ in some important ways. Issues raised in this discussion will serve you well when you get to other courses in the program, including Michael Lynk’s Charter course, Kevin Banks’ international labour law course, and Allan Bogg’s course on British labour law.
READINGS
Select and read ONE of the following two articles. You can of course read both if you have time.
Virginia Mantoubalou, “Are Labour Rights Human Rights?” (2012), European Labour Law Journal
Kevin Kolban, “Labor Rights as Human Rights?” (2010) 50 Virginia Journal of International Law
And then read the following page from the new Canadian organization called Canadian Foundation for Labour Rights:
Solutions: A Vigorous Defence of Labour Rights is Critical and Possible
Friday Afternoon Session: April 12
On Friday afternoon, Justice Kevin Whitaker of the Ontario Superior Court will be joining us for an informal conversation about his experiences since moving from the OLRB to the court. Rather than assign you a bunch of his cases, I’ve decided to just ask you to review some of my blog entries explaining a few of his interesting decisions on the Bench. Interestingly, Justice Whitaker has had a couple of his decisions overturned in high profile, important, and some say, unexpected, appeal decisions on employment law. We can ask Justice Whitaker about these cases.
The blog entries link to his decisions, so read the cases if you have time:
Jones v. Tsige: New “Tort of Intrusion Upon Seclusion” Recognized by Court of Appeal (Overruling Justice Whitaker’s finding that there is no tort of privacy on Ontario)
Bowes v. Goss Power: No Duty on Employee to Mitigate When Contract Includes Written Notice Term (Court of Appeal overrules Justice Whitaker’s finding that duty to mitigate still applies)
Is Driving Your Employer’s Vehicle Intoxicated Cause for Summary Dismissal?
McLean v. Rawal Ltd: A Temporary Layoff is a Termination at Common Law (Again)
If you have any questions, please send me an email. Thanks, David
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