Please enable javascript to view this page in its intended format.

Queen's University - Utility Bar

Queen's University
 

2011 - 2012 Course Offering

Courses available to JD students include the following:

Law - 567:  Employment Law

The Supreme Court of Canada has acknowledged that the contract of employment is "unique", and governs a "special relationship" between the employer and the individual non-unionized employee.  This course will explore central issues and themes in employment law, and will focus on the following topics: 1) the formation of the employment contract; 2) employee or independent contractor?; 3) who is the employer?; 4) the impact of legislation upon the employment relationship (The course will focus on employment standards pay equity, and human rights legislation); 5) termination of the employment relationship including wrongful dismissal, just cause termination; 6) the rights and remedies available to employees (including a comparison of the federal statutory regime with the provincial regime).  If time permits, there will be a discussion of issues pertaining to employees with disabilities including a discussion of the workers' compensation and occupational health and safety legislative regimes.

3 credits, lecture, fall term  Instructor:  Regenbogen, Goodman

Law - 566:  Advanced Labour Law:  Human Rights in the Workplace

This course will examine selected human rights issues in the contemporary workplace.  The class will challenge students to identify key human rights issues currently confronting Canadian employers and workers, to understand the use of human rights litigation as a strategic tool for the improvement of the quality of working life, to develop practical approaches for advising both employers and employees on the implementation and enforcement of workplace human rights laws, and to reflect on workplace human rights issues in Canada within a comparative and international context.  This year the class will focus on a variety of topics related to the changing demography of the workplace, including the accommodation of disability; the potential for conflict between work rules and freedom of religion; age discrimination issues raised by the elimination of mandatory retirement for both older and younger workers; and legal remedies for racial and sexual harassment.  Seminar format will be a flexible blend of directed class discussion and student presentations.

PREREQUISITE Law 560 Labour OR Law 567 Employment Law OR Law 522 Human Rights OR Law 542 International Human Rights OR permission of the instructor.

3 credits, seminar, fall term  Instructor:  Shilton

Law - 564:  Pensions and the Law

Pension law is a growing field and one that intersects with many different areas of law including labour and employment, human rights, trusts, tax, contract, tort, agency, bankruptcy, family, administrative and regulatory law.  It is also an exciting time from a policy perspective with the recent release of the Ontario Expert Pension Commission's report and recommendations for legislative change.  Pension matters are also frequently in the news as solvency funding, corporate insolvencies triggered by pension deficits, class actions and advocates for an expanded CPP system have resulted in considerable media attention to the issues in Ontario.  The purpose of this course is to introduce students to the various legal issues relating to the design and operation of employer-sponsored pension plans.

3 credits, seminar, fall term  Instructor:  L. Milles

Law - 562:  Collective Agreement and Arbitration

The collective agreement establishes the legal framework that governs the ongoing relationship between the employer, the union, and the unionized workforce.  Grievance arbitration is the special mechanism that provides for the enforcement of this framework.  This course examines some of the most important areas of arbitral jurisprudence and the main areas of interface between the arbitral process and the general legal process.  Examples of topics to be covered are discipline and discharge, seniority, management rights, the remedial powers of arbitrators, the impact of external legislation, and evidentiary and procedural issues.

PREREQUISITE LAW - 560 Labour Law

3 credits, seminar, winter term (twice a week for six weeks)  Instructor:  Carter

Law - 560:  Labour Law

This course is a survey of the law of labour-management relations, with emphasis on collective bargaining in the private sector.  It will first consider the purposes, regulatory strategies and functions of labour law as a form of regulated market ordering.  It will then provide an overview of the legal background and context of collective bargaining, including constitutional divisions of powers, the common law contract of employment, and regulation of the individual employment relationship.  It will review the key elements of the law of collective bargaining (acquiring and terminating bargaining rights, protection against unfair labour practices, duty to bargain, regulation of strikes, lockouts and other industrial disputes, arbitration of differences under collective agreements, protection of individual rights and interests), focusing on Ontario legislation and the free of association provisions of the Canadian Charter of Rights and Freedoms.  Finally it will briefly survey how the new economy-including globalization and major changes in the Canadian economy and society - are reshaping labour law at the domestic and international levels today.

4 credits, lecture, fall term  Instructor:  Banks

Law - 559 International Law

This is an introductory survey course, in which we will discuss the general foundations of international law.  Accordingly, we will discuss the sources of international law and the relevant actors (such as States and "peoples") and forums (such as the United Nations and the International Court of Justice).  We will also examine selected topics such as state responsibility, extraterritorial jurisdiction, immunities, the use of force, the responsibility to protect and human rights.  The course focuses not only on the relevant rules but on how to analyze problems and construct successful legal arguments using international legal tools, in a milieu where power, politics and principles are in constant interplay.

3 credits, lecture, fall term  Instructor:  Corbett

Law - 516:  Law and Sexuality

This interdisciplinary seminar is being offered to students from all faculties.  The course will focus on the legal status and civil rights of lesbian women, gay men, and other sexual minorities in Canada and other countries.  It will include a consideration of employment law, estate planning and property rights of lesbians and gays, domestic law relating to same-sex relationships and partnership benefits, violence against lesbians and gays, race, gender and discrimination/constitutional law.  The emphasis in the seminar will be on the development of a multi-and-interdisciplinary perspective on this area of study, and will employ traditional research resources as well as emerging computer resources in the collection of materials.  The course will be suitable for non-law students who have an interest in the contemporary or historical status of lesbian women, gay men and other sexual minorities, and previous study of law will not be required for enrolment.

3 credits, seminar, fall term  Instructor:  Lahey

Law - 494:  Labour:  Individual Study

For MIR/J.D. combined degree students only - Individual Supervised Project to be undertaken and completed in the winter term of the graduating year involving a topic related to their cooperative work placement; minimum credit weight of 4 credits.

Canadian Labour and Employment Law Journal Course

Not available at this time

 

CLCWfooter.jpg

 

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000