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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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A Comparative Reflection from Canada—A Good Faith Perspective

A Comparative Reflection from Canada—A Good Faith Perspective

Chapter:
(p.295) 14 A Comparative Reflection from Canada—A Good Faith Perspective
Source:
The Contract of Employment
Author(s):

Claire Mummé

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0014

This chapter considers the evolution of the concept of ‘good faith’ in Canadian employment law. As in many other common-law jurisdictions, the Canadian common law has historically conceived of the employment relationship within a narrow transactional contractual paradigm. Unlike other common-law jurisdictions, however, statutory employment protections are relatively weak in Canada, leaving the courts as the primary site of innovation in the field. Canadian attempts to challenge the contractual paradigm have occurred primarily through debates over good faith in employment, in three jurisprudential contexts: case law concerning the types of damages available for wrongful dismissal; constructive dismissal claims; and tort claims for negligent infliction of emotional distress. This chapter traces the history of the Canadian good faith debate, including Bhasin v Hrynew and Potter v New Brunswick, so as to take stock of the current state shape of the common law of employment contracts in Canada.

Keywords:   good faith, employment relationship, Canada, Addis Bhasin, Potter v New Brunswick

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