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

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