The Common Law of Employment Essay

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The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant areas such as hiring, mutual consideration, and reasonable notice.
Firstly, at the recruitment stage, judges have created three main torts under the common law of employment, in order to protect prospective employees from employers. These torts include, negligent misrepresentation and negligence, inducement, and anticipatory breach of contract. Judges have established these torts so that employers, while trying to promote their own economic interests, do not take advantage of prospective employees. If an employer tries to hide essential information or misrepresents himself to the prospective employee, which then causes the employee to make a decision that results in damages being suffered by the employee, the employer can be charged with negligent misrepresentation...

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