Common Law Regime: An Analysis of the Rules and Regulations on Employment

Debate on the Common Law of Employment

The Assignment This essay draws on materials in the Common Law Regime portion of the course (Lectures 1 through 6 on the course outline). You overhear the following conversation at an employment law conference: Speaker One: “The rules that judges have created in the common law of employment are too one-sided in favour of employees. Judges should stop trying to protect workers and just enforce the written contract terms put before them. Speaker Two: “That’s ridiculous. Judges provide an important check on employers who might otherwise take advantage of employees. Your assignment is to write a short, but well-structured and well-written essay that analyzes the above discussion. Note that there is no “right” answer to this debate: the two quotes present two sides of an argument. Your job is to express an opinion and to then back it up with research from the cases and materials we have considered in class, plus any other additional research you believe is useful. You do not need to do external research beyond the course materials. Do you agree with one speaker or another, are they both wrong, or are they both partially correct, in your opinion?