- Title Pages
- List of Authors
- Foreword
- Editors’ Preface
- Table of Cases
- Tables of Legislation
- List of Abbreviations
- 1 General Introduction—Aims, Rationale, and Methodology
- 2 The Legal Structure of the Contract of Employment
- 3 The Exchange Principle and the Wage-Work Bargain
- 4 The Relationship between the Contract of Employment and Statute
- 5 The Contract of Employment and Collective Labour Law
- 6 The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
- 7 Relational Contracts
- 8 The Contract of Employment and the Remedial Dimension
- 9 Human Rights and the Contract of Employment
- 10 Fragmenting Work, Fragmented Regulation
- 11 The Contract of Employment and Gendered Work
- 12 The Contract of Employment, Corporate Law, and Labour Income
- 13 Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions
- 14 A Comparative Reflection from Canada—A Good Faith Perspective
- 15 The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
- 16 Employees, Employers, and Beyond
- 17 The Contract of Employment as an Expression of Continuing Obligations
- 18 Formation of the Contract of Employment
- 19 Illegality, Public Policy, and the Contract of Employment
- 20 Terms Inserted into the Contract of Employment by Legislation
- 21 The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
- 22 Implied Terms in the Contract of Employment
- 23 Variation and Suspension of the Contract of Employment and its Terms
- 24 Duration, Lawful Termination, and Frustration of the Employment Contract
- 25 The Wrongful Termination of the Contract of Employment
- 26 The Effect of Termination upon Post-Employment Obligations
- 27 Intellectual Property and the Contract of Employment
- 28 Remedies for Breach and for Wrongful Dismissal
- 29 The Contract of Employment in its International and European Law Setting
- Index
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
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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- Title Pages
- List of Authors
- Foreword
- Editors’ Preface
- Table of Cases
- Tables of Legislation
- List of Abbreviations
- 1 General Introduction—Aims, Rationale, and Methodology
- 2 The Legal Structure of the Contract of Employment
- 3 The Exchange Principle and the Wage-Work Bargain
- 4 The Relationship between the Contract of Employment and Statute
- 5 The Contract of Employment and Collective Labour Law
- 6 The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
- 7 Relational Contracts
- 8 The Contract of Employment and the Remedial Dimension
- 9 Human Rights and the Contract of Employment
- 10 Fragmenting Work, Fragmented Regulation
- 11 The Contract of Employment and Gendered Work
- 12 The Contract of Employment, Corporate Law, and Labour Income
- 13 Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions
- 14 A Comparative Reflection from Canada—A Good Faith Perspective
- 15 The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
- 16 Employees, Employers, and Beyond
- 17 The Contract of Employment as an Expression of Continuing Obligations
- 18 Formation of the Contract of Employment
- 19 Illegality, Public Policy, and the Contract of Employment
- 20 Terms Inserted into the Contract of Employment by Legislation
- 21 The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
- 22 Implied Terms in the Contract of Employment
- 23 Variation and Suspension of the Contract of Employment and its Terms
- 24 Duration, Lawful Termination, and Frustration of the Employment Contract
- 25 The Wrongful Termination of the Contract of Employment
- 26 The Effect of Termination upon Post-Employment Obligations
- 27 Intellectual Property and the Contract of Employment
- 28 Remedies for Breach and for Wrongful Dismissal
- 29 The Contract of Employment in its International and European Law Setting
- Index
