503 Employment Law (Funk & Gallagher)
LAW503
Employment Law
(Funk & Gallagher) >>> see Scott & Christianson (503 A1) or Gallagher & Greschner (503 B1) for 2023-24 sections.
Prerequisite courses:
Prerequisite for:
Instructor(s): Adrienne Funk & Chaylene Gallagher
Course credit: 3
Method of presentation: Lecture
METHOD OF EVALUATION
100% final exam.
COURSE DESCRIPTION
Demotions, pay-cuts, resignations, non-competition clause enforcement, termination packages, and discrimination - individual employers and employees are turning to lawyers for advice on these issues with increasing frequency. In a non-union context, these are called Employment Law issues. In contrast, Labour Law issues arise from union activity and the collective bargaining process.
This course will provide you with the theoretical and practical tools necessary to advise clients on Employment Law issues. We will examine such fundamental legal concepts as: who is an employee versus and independent contractor, what are the unique hallmarks of an employment contract, what are the various ways that the employment contract is brought to an end (including just cause, wrongful dismissal, constructive dismissal), what damages are employees entitled to on wrongful dismissal, what obligations are owed by both the employee and employer both during and after the employment relationship (under restrictive covenants or the common law), and what human rights are involved in the employment relationship. We will review the relevant Alberta statutes which impact on the employment relationship including the Employment Standards Code and the Alberta Human Rights Act. We will also explore developing issues such as the duty of good faith, discrimination, sexual harassment in the workplace and the rise of the gig economy and its impact on the changing nature of employment.
SPECIAL COMMENTS
Description updated 2022-23. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
TBA