Fudge, Judy, Zavitz, Kate (2006) Vertical Disintegration and Related Employers: Attributing Employment-Related Obligations in Ontario. Canadian Labour and Employment Law Journal, 13 (1). pp. 107-146. ISSN 1196-7889. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:35353)
The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. |
Abstract
The traditional basisfor attributing employment-related rights and
obligations has been the personal, bilateral contract ol employment.
However the decline of the vertically integrated firm as the dominant
model of economic production, and the rise of complex new forms of
business organization in which employmentfunctions may be divided
among a number ol entities, have created significant challenges to using
the traditional conception ol employment in order to identify the
employer This paper considers how courts and legislatures have sought
to address the problem ol attributing employment-related responsibili-
ties among multiple employing entities. It does so by examining the con-
cept ol "associated" or "related" employers in three legal contexs, with
an emphasis on Ontario: the contract ol employment at common law,
employment standards legislation, and collective bargaining legislation.
The authors argue that while some attempts have been made to move
away from a bilateral approach to the employment relationship and an
emphasis on the legal form of the corporation, those attempts have been
piecemeal, and have been undermined by the tendency ol courts and tri-
bunals to limit the intended scope ol protective legislation by ignoring
the statute's language and purpose, and by applying instead contract or
corporate law principles.
Item Type: | Article |
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Subjects: | K Law |
Divisions: | Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School |
Depositing User: | D.A. Clark |
Date Deposited: | 02 Oct 2013 10:34 UTC |
Last Modified: | 16 Nov 2021 10:12 UTC |
Resource URI: | https://kar.kent.ac.uk/id/eprint/35353 (The current URI for this page, for reference purposes) |
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