Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"

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==== 4. Common Law and Contract Law ====
==== 4. Common Law and Contract Law ====


Provincially and federally regulated employees have common law employment entitlements. Causes of action, such as breach of contract due to wrongful dismissal, remain the same whether the employee is provincially or federally regulated.  
In addition to statutory entitlements, provincially and federally regulated employees have common law employment entitlements. Causes of action, such as breach of contract due to wrongful dismissal, remain the same whether the employee is provincially or federally regulated.


Employees will also often have written contractual entitlements. Students should have employees provide them with any written employment contract or applicable workplace policy, and carefully review these documents to both clarify terms of employment and determine whether the contract is enforceable.  
Employees will also often have written contractual entitlements. Any applicable written employment contract or applicable workplace policy should be reviewed carefully to both clarify the terms of employment and whether the contract is enforceable. See Section V.C(d) and (c): Invalid Contracts.


Unionized employees may have common law or contractual entitlements, but generally these entitlements have to be acted upon by the union that is party to the collective agreement. See [[Checklist for Employment Law (9:II)#A. Preliminary Matters | Section IV.C: Unionized vs. Non-Unionized Employees]].
Unionized employees may have common law or contractual entitlements, but generally these entitlements have to be acted upon by the union that is party to the collective agreement. See [[Checklist for Employment Law (9:II)#A. Preliminary Matters | Section IV.C: Unionized vs. Non-Unionized Employees]].