The common law and the employment law - Research Paper Example

Emphasizing on this particular issue, the discussion henceforth aims towards analyzing the Common Law practices related to the Employment Standards Act and the Human Rights Code in Canada. The objective of the discussion is to provide an opinion about effectiveness of these laws for employees and for employers from a critical perspective. The Common Law was established in order to provide solution to these problems. Usually, Common Law philosophies create a hybrid legal understanding of employment.

Employment standards which are established by the Common Law only apply when ‘Employment Standards Acts’ are not particularly contracted by the employers. Generally, Common Law provides greater rights and advantages to the employees in comparison to the employment law (WeirFoulds, 2011). Hence, it can be stated that employment contract can reduce the exposure of employers to the Common Law and can enhance the liabilities of employees towards their employability. Contradictorily, it has often been argued that Common Laws are biased towards employers where judges always tend to emphasize on the issue treating it to be sole the responsibility of the employees.

In this context, it can be argued that the any kind of legal system is not completely perfect. The effectiveness of Common Law is appreciated by people if it is compared with other traditional as well as present regulation systems. However, as the economy and business environment changed, Common Law also reversed with reformist regulations. Hence, at times it seems that Common Laws have become bias towards employers. Nevertheless, it cannot be stated that Common Laws regulations are inadequate to provide justice to the employees.

The major reason for this argument against Common Law is its high level of complexity which at times creates uncertainty about how a legal action will proceed. In reality, there are several cases where the claimant employee won against any wrong conduct of employer (Cooray,