Conclusion
Author | Geoffrey England |
Pages | 425-438 |
CHAPTER 10
CONCLUSION
One need not be a Marxist to agree with the fundamental tenet of
Marxist doctrine that the economic conditions of a society exert a tre-
mendously strong — if not irresistible — influence on its laws, political
values, and commercial practices. This is certainly borne out by the
example of Canadian employment law. The cornerstone of the employ-
ment relationship — the individual contract of employment — is gov-
erned by the general principles of contract law originally formulated in
a commercial context to facilitate the operation of free markets in the
production and distribution of goods and services. Unquestionably, the
application of free market principles to the employment relationship
provides many benefits to employers, employees, and society at large.
Today, no serious analysis would argue for the complete eradication of
these principles from the employment relationship. Nevertheless, this
contractualist approach to the relationship creates serious problems
from the perspectives of each of the affected parties.
The root of these problems is the imbalance of bargaining power
that favours employers over employees in most employment relation-
ships. For most employees, employment is offered on a “take it or leave
it” basis, and even after the contract has been formed, the employer
usually has its way in controlling the terms and conditions of the job.
Although it is true that the principles of contract law permit the em-
ployee to decline an offer of employment on terms that he or she does
not like or to quit and sue for “constructive dismissal” if the employer
changes the terms of an existing contract, the pressures of needing a
425
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