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Derogability By Collective Agreements In Germany And The Presumption
No full textThe promotion of derogability clauses, which allow collective agreements to deviate from statutory protection to the detriment of employees, has been an issue in the political debate on German labour law for some 20 years. While such derogability clauses can effectively allow for flexibility at the company or sectoral level, there are differing views on their suitability for promoting collective bargaining. This article highlights the paradox of such derogability clauses: They are legitimised by the presumption of fairness that underpins collective autonomy; at the same time, they create incentives for employers that challenge the very presumption of fairness. All in all, they are not only inappropriate but dangerous if their sole purpose is to promote employer commitment to collective bargaining
Artificial Intelligence at Work International Conference - Day 1, Part 1
No full textThis recording features the Artificial Intelligence at Work International Conference, held on January 22–23, 2026 and hosted by Osgoode Hall Law School and Unifor. The event brought together academics, policymakers, trade union leaders, and employer representatives from Canada and around the world to explore the evolving regulatory landscape and governance of AI in the workplace.
Welcome Remarks
Speakers: Valerio De Stefano (Osgoode Hall Law School); Roxanne Dubois (Unifor)
Keynote Speech: The Impacts of AI on Labour Markets
Speaker: Janine Berg (International Labour Organization)
Chair and Discussant: Graham Cox (Unifor)
Panel I – The State of Things: Surveillance Monitoring
Moderator: Aida Abraha(Osgoode Hall Law School)
Speakers: Dijana Simonovic (Unifor) Philippa Collins (University of Bristol) Amy Tibble (Hicks Morley LLP)
For more information, visit the conference website: https://www.yorku.ca/events/aiatwork
Artificial Intelligence at Work International Conference - Day 2
No full textThis recording features the Artificial Intelligence at Work International Conference, held on January 22–23, 2026 and hosted by Osgoode Hall Law School and Unifor. The event brought together academics, policymakers, trade union leaders, and employer representatives from Canada and around the world to explore the evolving regulatory landscape and governance of AI in the workplace.
Virtual Keynote - Algorithm Management in History
Speaker: Simon Deakin (University of Cambridge)
Chair and Discussant: Valerio De Stefano (Osgoode Hall Law School)
Panel 3 – Decision-Makers Speak on AI
Moderator: Valerio De Stefano (Osgoode Hall Law School)
Speakers: Lana Payne (Unifor) Henry D. Eickelberg (CHRO Association) Sara Slinn (Osgoode Hall Law School)
Closing Remarks
Speakers: Valerio De Stefano (Osgoode Hall Law School) ; Roxanne Dubois (Unifor)
For more information, visit the conference website: https://www.yorku.ca/events/aiatwork
Social Conflict and Indigenous Consent in Mining: A Primer on CSR, ESG and Social disclosures to Investors
Full text linkThe transnational corporate structure of mining companies makes it challenging to conduct independent investigations of allegations of social or environmental harm. A parent company can hide behind a multitude of subsidiaries in a multitude of jurisdictions to avoid liability. This article explores one way to bypass these corporate structures through the disclosure requirements of securities legislation. When a parent company fails to disclose social conflict or lack of Indigenous consent at a project, investors may be harmed when the stock price falls. This article describes six empirical studies, supported by extensive macro studies, which show that when social conflict or lack of Indigenous consent in extractive projects become public, the share price falls. I highlight the case of Tahoe Resources in Guatemala that had one of the largest silver mines in the world, whose stocks were worth almost US 3.40 when a court in Guatemala ordered the mine suspended because of a failure to consult Indigenous people. We show that company corporate social responsibility (CSR) projects and third-party analyses of Environmental, Social and Governance (ESG) factors are not designed to disclose specific problems at specific projects, and consequently do not provide investors and analysts the information needed to properly value the company\u27s securities. Because companies have generally failed to disclose pertinent information under voluntary guidelines, we conclude by providing concrete suggestions for mandatory disclosure on social conflict and Indigenous consent. The implementation of a mandatory reporting regime will not provide any direct redress to communities or Indigenous communities that are harmed, but it may affect company behaviour, and certainly it will help investors
Navigating Crisis: Law, Technology, and Global Governance at the Nathanson Centre Event
No full textAt a time when the world grapples with political instability, technological upheaval, and shifting legal paradigms, on May 5th, The Jack & Mae Nathanson Centre hosted a panel series event centred on the theme of “crisis.” Three panels explored crises in governance, taxation, corporate power, incarceration, and the law’s role in mitigating disruptions. Across these discussions, themes of technological transformation, legal uncertainty, and shifting global power structures emerged as key reflection points
Not All Fun and Games: Videogame Labour, Project-Based Workplaces and the New Citizenship at Work by Marie-Josée Legault and Johanna Weststar (Concordia University Press, 2024)
Full text linkNOT ALL FUN AND GAMES by Marie-Josée Legault and Johanna Weststar offers a timely and in-depth exploration of labour dynamics in the video game industry, shedding light on the labour relations and working conditions of those who create one of the most popular entertainment mediums in the world: video game developers. Rich empirical data collected over the span of fifteen years through surveying and interviewing video game developers is structured around four pillars of citizenship at work to present a comprehensive and complicated array of the economic, contractual, and social elements shaping the industry, and a nuanced portrayal of a diverse group of workers with varying levels of power, from industry stars to rank-and-file employees. Throughout the analysis presented in this book, the authors successfully demystify the existing industry narrative that obscures exploitative practises under the disguise of playfulness, creativity, and passion
The Fragmentation of French Collective Bargaining
Full text linkSince the 1980s, collective bargaining in France has transitioned from a centralised model based on national labour laws and sectoral agreements to a decentralised system emphasising company-level agreements. Historically, law, and sectoral agreements provided strong, uniform worker protections, but reforms, including President Emmanuel Macron’s 2017 executive orders, have allowed company agreements to override sectoral agreements and legislation, even when less favourable to employees. This shift aims to enhance flexibility and competitiveness but has fragmented protections. Small companies increasingly use direct referendums to approve agreements without formal negotiation, leading to reduced protections such as longer hours and lower pay. Many companies use a new category of collective agreements, the “collective performance agreements,” to adapt to economic challenges and alter the protected contents of employments contracts. However, many companies maintain existing balances. Simultaneously, some trends towards recentralisation are evident. Group-level agreements now allow corporate groups to standardise employment policies across subsidiaries. Many agreements rely on generic templates to comply with state-mandated collective bargaining on issues like gender equality. This evolving system underscores the tension between economic flexibility and maintaining workers’ rights, with long-term impacts still unclear
Her Fundamentals: Justice Abella and Section 2(b) of the Charter
Full text linkJustice Abella’s legendary aspirations for human rights all but defined her jurisprudence, and under s,2 she earned praise elsewhere for her opinions on religious freedom (s.2(a) of the Charter) and the right to strike under s.2(d)’s guarantee of associational freedom. Apart from Doré v. Barreau de Québec, her s.2(b) jurisprudence on freedom of expression has attracted less scholarly attention. This article highlights Justice Abella’s leadership under s.2(b) in protecting expressive freedom’s democratic values, developing a more robust form of proportionality balancing under s.1, and advocating for doctrinal recognition of freedom of the press and media as an independent entitlement. Her jurisprudence also reveals a duality in her conception of expressive freedom and a reluctance to protect s.2(b) when it might undermine human rights values such as equality and dignity of the person. Two of Justice Abella’s most forceful s.2(b) opinions, both in dissent and each near the end of her tenure at the Supreme Court – City of Toronto v. Ontario and Ward v. Québec (with Kasirer J.) speak to an embed that duality in her s.2(b) legacy
The Legal Framework for Sexual Harassment at Work in Australia and in Québec: Case Studies of Complexity and Its Countervailing Forces
Full text linkThis paper analyses the complex legal framework for sexual harassment at work in Australia and Québec using Peter Schuck’s (1992) definition of complexity and drawing on Alejandro Camacho and Robert Glicksman’s (2019) model of the dimensions of authority and how they combine with the different functions an authority carries out.
In both Australia and Québec, overlapping institutions and approaches can improve enforcement, especially when they are coordinated. overlap is less likely to improve matters if the focus is on standard-setting, where uniformity is important to ensure the clarity, transparency, and legitimacy of the rules for duty holders and workers.
Harmonisation of legal definitions of sexual harassment and timelines can mitigate the negative impact of the law’s complexity, as can dovetailing (specifying in one law how its provisions fit with the provisions of another law).
In terms of recourse and prevention of sexual harassment, some of the benefits of human rights expertise can sometimes be conserved even if there is centralised recourse under labour law. However, in both Australia and Québec, collaboration between human rights institutions and labour law institutions emerges as a major challenge. Empirical research is necessary to grasp the opportunities that fragmentation may provide to sexually harassed workers as compared to the barriers it creates.
Finally, both in Québec and Australia, legislative reform aimed at reducing legal complexity has simultaneously increased it. To prevent such “rebound” complexity, initiatives designed to reduce complexity must be examined with respect to the scope of the legislation as well as from the perspective of subject matter