Chapter 6 Discussion Questions

Chapter 6 discussion questions

1) The three regimes that govern employment law in Canada are 1) the common law or judge made laws that protect non-unionized workers. 2) The collective bargaining agreements for unionized workers and 3) statutory laws that cover both unionized and non unionized workers. For both unionized and non unionized workers there are statutory laws in place to protect them against dismissal without notice. So for every year a worker is employed, they get a week added notice before release. For unionized workers, in the case of dismissal the union can take up his cause and fight for a full reinstating where a nonunionized worker is individually the weakest. Upon firing they can take the matter to court but at best they can expect a pay in lieu as compensation.

2) The problem with the statement regarding the market being able to freely set standards through supply and demand is that it assumes these standards would be fair. Without any minimum standards or conditions the workers would under the mercy of the employer. They would have very little to no rights. With minimum standards, there is now a bench mark regarding minimum wage, safety standards, harassment laws etc.

3) As pro fair competition voices argue, Canadian labour standards should be protected to prevent a race to the bottom. This race to the bottom analogy refers to reducing or eliminating legislation to become more appealing to foreign markets. So for example if a nation lowers its international tax laws then more countries will be willing to trade with it. So if other countries follow along and also reduce their international tax laws then in trying to compete, they are just lowering their standards so it becomes a race to the bottom in a large international stage. This is what the pro fair competition voices are getting at, Canadian employment laws should be protected. Not eliminated or else it’s just taking part in the race