Fall 2021 - LBST 313 E100
Introduction to Canadian Labour Law (3)
Class Number: 6695
Delivery Method: In Person
Course Times + Location:
Mo 5:30 PM – 8:20 PM
AQ 4120, Burnaby
Exam Times + Location:
Dec 13, 2021
6:00 PM – 6:00 PM
TAKE HOME-EXAM, Burnaby
Office: AQ 6080
Office Hours: Mo 16:30-17:20 or by appointment via Zoom
Prerequisites:Strongly Recommended: LBST 101.
An introduction to labour and employment law in Canada, covering both union and non-union sectors. The course will focus variously on: the principles and practice of the BC Labour Relations Code, the Canada Labour Code, BC Employment Standards Act. BC Human Rights Code, the Workers Compensation Act (WorkSafeBC), and the contested history of labour legislation and related common law.
This course will offer students an introduction to workplace rights- Canadian labour and employment law. It will cover the law applicable to both the union and non-union sectors and the three regimes of labour and employment law: i) labour relations and collective bargaining; ii) the regulatory and statutory regime; and iii) the common law.
With respect to the union sector, the seminar and readings will primarily cover the British Columbia Labour Relations Code, which regulates approximately 90% of the union employers and employees in the province. However reference will also be made to the Canada Labour Code which regulates the remaining 10%. With respect to the non-union sector – the almost 70% of British Columbia employees and their employers not covered by a collective agreement, their relationship is regulated primarily by principles from the common law – that is, largely court made law.
The course will also deal extensively with two vitally important statutes applicable to both the union and non-union sectors - the B.C. Employment Standards Act and the B.C. Human Rights Code. The course will discuss the three statutory regimes – labour relations, employment standards and human rights – as intersections of workplace rights.
The course time and material will roughly reflect the relative importance of the legal regimes in union/non-union sectors in the province’s economic and political life. It will provide a brief history of labour and employment law in Canada and in British Columbia. The course will explore the role of the law or its potential in addressing and/or reflecting social inequality, with a consideration of socio-economic and political contexts. It will also provide a basis for critically analyzing labour and employment law – which is often described as one of the most overtly politically-influenced branches of the law.
Examples of the specific topics we will discuss include, for the union sector: organizing a union, unfair labour practices by employers and by unions, mediation/arbitration, bargaining in good faith, and strikes/lockouts.
After nearly two decades, the B.C. Government instituted a panel of special advisers to review the BC Labour Relations Code. The last comprehensive reviews of the Code took place in 1992 and 2003 and the last amendments to the Code were made in 2002. Following a public consultation process, the panel recently provided a report to the Minister of Labour, outlining any recommendations or updates to the Code. Amendments to the Code were made in the Spring of 2019. In class, we will discuss the review and public consultation process as well as any recommendations made by the panel and the amendments to the Code.
For the non-union sector, we will deal with: who is an employee as opposed to self-employed, an agent, partner, or officeholder; the employee’s obligations to her/his employer; who is an employer; successor employers; the employer’s obligations to the employee; privacy issues in the employment relationship; and employee testing for drugs and alcohol.
While it’s important to bear in mind the different legal sectors – union/non-union, they are not watertight compartments. Students will find that significant developments in one sector may very quickly acquire similar significance in the other sector and vice versa.
COURSE-LEVEL EDUCATIONAL GOALS:
- Students will become familiar with all aspects of Canadian and British Columbia labour, employment and human rights law. They will be able to access the many online resources available without charge, including the applicable statutes as well as the decided cases, in both legal regimes. They will be able to research specific issues and identify the relevant statutes and case law to enable them to answer questions that may arise in their own work life or in their professional life; or enable them to advise others on those issues.
- Students will also be able to critically analyze the importance and effect of the legislation, as well as decided cases from the Employment Standards Branch, the Courts, labour arbitrators, the BC Human Rights Tribunal and the Labour Relations Board.
- Participation (Canvas discussion threads) 15%
- Assignment: Short paper 15%
- Assignment: Problem solving/fact situation 20%
- Research paper 30%
- Final test 20%
Grading: Where a final exam is scheduled and the student does not write the exam or withdraw from the course before the deadline date, an N grade will be assigned. Unless otherwise specified on the course syllabus, all graded assignments for this course must be completed for a final grade other than N to be assigned. An N is considered as an F for the purposes of scholastic standing.
Grading System: The Undergraduate Course Grading System is as follows:
A+ (95-100) | A (90-94) | A- (85-89) | B+ (80-84) | B (75-79) | B- (70-74) | C+ (65-69) | C (60-64) | C- (55-59) | D (50-54) | F (0-49) | N*
*N standing to indicate the student did not complete course requirements
Academic Dishonesty and Misconduct Policy: The Labour Studies Program follows SFU policy in relation to grading practices, grade appeals (Policy T 20.01) and academic dishonesty and misconduct procedures (S10.01‐S10.04). Unless otherwise informed by your instructor in writing, in graded written assignments you must cite the sources you rely on and include a bibliography/list of references, following an instructor-approved citation style. It is the responsibility of students to inform themselves of the content of SFU policies available on the SFU website.
Centre for Accessible Learning: Students with hidden or visible disabilities who believe they may need classroom or exam accommodations are encouraged to register with the SFU Centre for Accessible Learning (1250 Maggie Benston Centre) as soon as possible to ensure that they are eligible and that approved accommodations and services are implemented in a timely fashion.
All required readings will be available through Canvas, the SFU Library, or otherwise online as noted.
David J. Doorey, D. J. (2020). The Law of Work: Second Edition, Toronto: Edmond Montgomery Publications Ltd.
ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS
SFU’s Academic Integrity web site http://www.sfu.ca/students/academicintegrity.html is filled with information on what is meant by academic dishonesty, where you can find resources to help with your studies and the consequences of cheating. Check out the site for more information and videos that help explain the issues in plain English.
Each student is responsible for his or her conduct as it affects the University community. Academic dishonesty, in whatever form, is ultimately destructive of the values of the University. Furthermore, it is unfair and discouraging to the majority of students who pursue their studies honestly. Scholarly integrity is required of all members of the University. http://www.sfu.ca/policies/gazette/student/s10-01.html
TEACHING AT SFU IN FALL 2021
Teaching at SFU in fall 2021 will involve primarily in-person instruction, with approximately 70 to 80 per cent of classes in person/on campus, with safety plans in place. Whether your course will be in-person or through remote methods will be clearly identified in the schedule of classes. You will also know at enrollment whether remote course components will be “live” (synchronous) or at your own pace (asynchronous).
Enrolling in a course acknowledges that you are able to attend in whatever format is required. You should not enroll in a course that is in-person if you are not able to return to campus, and should be aware that remote study may entail different modes of learning, interaction with your instructor, and ways of getting feedback on your work than may be the case for in-person classes.
Students with hidden or visible disabilities who may need class or exam accommodations, including in the context of remote learning, are advised to register with the SFU Centre for Accessible Learning (firstname.lastname@example.org or 778-782-3112) as early as possible in order to prepare for the fall 2021 term.