Canadian Jurisprudence and the Employment Contract
本文探讨加拿大最高法院在雇佣关系上转向更进步观点,强调议价能力不平等,并分析这些发展对雇佣合同法的影响。
Abstract The jurisprudence of the Canadian Supreme Court has been at the forefront of a judicial conversion to a more progressive view of the employment relationship, which is attuned to key realities such as inequality of bargaining power. The Court’s influence can be seen in the decisions of courts in other jurisdictions such as the UK. The change in outlook has had a discernable impact on doctrinal development. In recent years, the Canadian Supreme Court has elevated the importance of good faith in contract law as a whole. In 2020, in a series of key decisions, the Court explored some of the implications for the law of employment contract. This article seeks to explore whether those developments will be of relevance to the development of the employment contract here.