This course examines the labour and employment law governing employees of the Federal and Provincial Crowns, through three broad themes: 1) Exceptionalism. The laws governing public servants are different from those governing employees, employers, and unions in the private sector. While some of the “fundamentals” of the Wagner Act model remain in place in the public sector, there are a number of significant and important differences that this course will explore. 2) The rule of law. This course will examine the tension between courts, with their commitment to rights, and the managerial ethos of public administration that is committed to utility. This tension is played out between the importance of the rule of law and managerial discretion in public sector labour and employment law. 3) Merit. This course will explore the so-called “merit principle” that governs appointments in the public service. This theme includes everything from rules-based appointment procedures to the principle of a politically neutral public service.

Thursday October 19 (7PM-10PM); Friday October 20 + Saturday October 21 (9AM-5PM)