Conclusion

• Author: Geoffrey England
• Pages: 425-438

CHA PTER 10

CONCLUSION

One need not be a Marxist to agree with the fundamental tenet of

Marxist doct rine that the economic conditions of a society exert a tre-

mendously strong — if not irresi stible — 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 individua l contract of employment — is gov-

erned by the general principles of contract law originally formulated in

a commercial context to facilitate the operation of f ree markets in the

production and distribution of goods and services. Unquestionably, the

application of free market pr inciples to the employment relationship

provides ma ny benef‌its to employers, employees, and society at large.

Today, no serious analysis would argue for the complete eradication of

these principles from t he employment relationship. Nevertheless, this

contractualist approach to the rel ationship creates serious problems

from the perspectives of each of t he affected parties.

The root of t hese 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” ba sis, and even after the contract has been formed, the employer

usually has its way in controlling the term s and conditions of the job.

Although it is true that t he pri nciples of contract l aw per mit the em-

ployee to decline an offer of employment on terms that he or she does

not like or to quit a nd sue for “constructive di smissal” if the employer

changes the ter ms of an existing contract, the pres sures of needing a

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