LABOUR LAW IN A NUTSHELL: THE INFLUENCE OF A NATIONAL CASEBOOK
Abstract
1994 marked the 25th anniversary of Canada's first national casebook: Labour Law, Cases, Materials and Commentary. The author uses this occasion to reflect on the state of labour law in Canada. Examining the major decisions of courts, labour boards and arbitrators that appear in the case book, he finds a gap between the theory and practice of labour law. He identifies a common style of reasoning and analysis in the cases which is at odds with the understanding of law that is taught in the classroom. Happily, the writer reports that there are parts of the jurisprudence that do reflect the purposes and values which underlie our system of labour relations and provide cause for optimism that the theory and practice of labour law can be made compatible if we choose to make them coincide.Keywords:
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