Law assignment Example | Topics and Well Written Essays - 1000 words

Law - Assignment Example Owing to this autonomy conferred upon the provincial authorities, many employment laws have been developed and applied within individual provinces. On the basis of this, the arguments made in this paper relate to the employment law, with specific reference to the common law, Ontario Human Rights Code (HRC), Employment Standards Act (ESA) and Pay Equity Act (PEA). In this paper I argue that the employment law, beginning with the Common Law up to the statutes that currently govern it has not always attempted to strike a balance among the rights of employers, employees and society in general. I have made reference to relevant statutes; their foundations in Common Law, and analyzed their overall impact on the welfare of employees, employers and the general society. Cognizant of the fact that not all parties are equally appreciative of the legal provisions of employment, this essay focuses on what implications the above stated legal provisions, statutes and judicial precedents have had on the parties. There are numerous attempts to strike a balance between the needs of employees, employers and expectations by society. However, these attempts have at times been hindered by compelling disparities between different laws that the courts should rely on to make sound decisions. In this respect, judges have at times had to overrule certain legal provisions in order to uphold more acceptable thresholds of determination. These disparities in legal provisions that govern the same aspect of employment form the basis of my argument that the laws have not always attempted to uphold a balance among the parties. To the extent that they difference in content, these laws can be considered as objects of perpetuating inequality in law, as each law with a flawed perspective hurts a party to a case while benefitting the other unnecessarily. For instance, we