Some of you know I have been writing a book for the past couple of years called The Law of Work. It is now done! Here is the book’s website.
It is a book in four parts totalling nearly 800 pages. To align with typical university and college level courses in Employment Law (Common Law and Employment Regulation) and Industrial Relations/Labour Law (Collective Bargaining), the publisher has released the book in two separate volumes, as well as in its complete (all four parts) format.
I know, a little confusing. So here’s an overview of the book and the options available, including the contents.
All three versions include Part 1 of the book, because these four chapters apply to all three regimes of work law. Volume 1 (Common Law and Regulatory Standards) includes Parts 1, 2 and 3. Volume 2 (Industrial Relations and Collective Bargaining) includes Parts 1 and IV. You can also order custom books that bundle together chapters from various parts. Also, the book is available in electronic form, for your iPad or reader, which is cool because the e-book includes links to cases, media, and this blog throughout.
As you can tell by the following Table of Contents, the book is quite broad in coverage. However, I tried to make chapters short and clearly written, with as little legal jargon as possible. Here’s the outline. Would like to know what you think, for those of you who get around to looking at the book.
Part I: The Law of Work: Themes, Frameworks, and Perspectives
1: Canadian Work Law in a Nutshell
2: The Law of What? Employment, Self-Employment, and Everything in Between
3: A Framework for Analyzing the Law of Work
4: Key Perspectives That Shape the Law of Work
Part II: The Common Law Regime
Formation and Requirements of an Employment Contract
5: A Brief History of the Common Law Model of Employment (Professor Claire Mumme, Windsor Law)
6: The Job Recruitment and Hiring Process
7: The Requirements of an Employment Contract
The Employment Contract
8: Expressed and Ancillary Employment Contract Terms
9: Implied Employment Contract Terms
10: Modifying Employment Contracts
The End of an Employment Contract
11: Termination by Agreement of the Parties
12: Termination by “Frustration”
13: Termination by an Employer with “Reasonable Notice”
14: Summary Dismissal: Termination for Cause Without Notice
15: “You Forced Me to Quit!”: The Special Case of Constructive Dismissal
16: Damages in Wrongful Dismissal Lawsuits
17: “I Quit!”: Termination of the Employment Contract by the Employee
Tort Law and Work
18: Tort Law and the Employment Relationship
Part III: The Regulatory Regime
19: Mapping Labour Market Regulation
20: The Charter of Rights and Freedoms and Regulatory Standards
Employment Protection Regulation
21: Regulating Wages and Pay Equity
22: Regulating Working Time
23: Regulating the End of Employment Contracts
24: Regulating Worker Safety and Injuries
25: Mapping Human Rights at Work
26: Putting Human Rights Law to Work
27: What Are the Prohibited Grounds of Discrimination?
28: Bona Fide Occupational Requirements and Other Discrimination Defences
29: The Duty to Accommodate
30: Regulating Unemployment
Broader Labour Market Regulation
31: The Right to Work: Immigration and Mobility Law (Prof. Sarah Marsden, Thompson Rivers University)
32: Intellectual Property Law and Work (May Cheng, from Osler, Hoskin, Harcourt, Toronto; Sarah Goodwin and Mark Bowman, Fasken Martineau, Toronto)
33: Privacy Law at Work (John Craig, from Fasken Martineau, Justine Lindner, from McCarthy Tetrault, Toronto)
34: Pensions, Insolvencies, Bankruptcies, and the Worker (Simon Archer, from Koskie Minsky, Toronto)
35: International Law, Trade Law, and Globalization
Part IV: Industrial Relations and the Collective Bargaining Regime
36: Mapping the Collective Bargaining Regime: Introductory Concepts
37: A Brief History of the Canadian Labour Movement and the Law (Prof. Alison Braley-Rattai, Toronto)
38: A Closer Look at Unions (Prof. Scott Walsworth, Saskatchewan)
39: The Unionization Process
40: Unfair Labour Practices
41: The Law of Collective Bargaining
42: Industrial Conflict: Strikes, Lockouts, and other Bargaining Tactics
43: The Collective Agreement
44: Grievances and Labour Arbitration
45: What is “Just Cause” for Discipline or Discharge of Unionized Employees?
46: Decertification and the Regulation of Unions
47: Public Sector Labour Relations (Chris Rootham, Nelligan O’Brien Payne, Ottawa)
The Charter and the Law of Work
48: The Charter of Rights & Freedoms and the Coll Bargaining Regime (David Doorey and Ben Oliphant, from Gall, Legge, Grant, Munroe, Vancouver)