Intentional Torts: Assault, Battery, Defamation
Examining intentional torts and their distinctions from negligence.
Key Questions
- Differentiate between assault and battery in legal terms.
- Analyze the elements required to prove defamation.
- Compare the remedies available for intentional torts versus negligence.
Ontario Curriculum Expectations
About This Topic
Employment law governs the most common legal relationship most students will enter: the contract between employer and employee. In the Ontario curriculum, students analyze the rights and responsibilities of both parties, focusing on the 'Employment Standards Act' and the 'Ontario Human Rights Code.' They investigate what constitutes 'wrongful dismissal' and the legal requirements for notice and severance pay.
This unit also explores the role of unions and collective bargaining in contemporary law. Students analyze how health and safety regulations protect workers and what to do if they face discrimination or harassment in the workplace. This topic is best explored through role-plays of 'disciplinary meetings' or collaborative investigations into real-world workplace disputes, helping students understand their own rights as they enter the workforce.
Active Learning Ideas
Role Play: The Termination Meeting
Students act as an employer and an employee being 'let go.' They must determine if the dismissal is 'for cause' (no notice) or 'without cause' (requires notice/pay) and argue their case based on the Employment Standards Act.
Inquiry Circle: Human Rights at Work
Groups are given several 'job interview' or 'workplace' scenarios. They must identify which ones violate the Ontario Human Rights Code (e.g., asking about religion or family status) and explain why.
Think-Pair-Share: The Role of Unions
Pairs discuss whether unions are still 'necessary' in the modern economy. They must list three pros and three cons of collective bargaining and share their 'verdict' with the class.
Watch Out for These Misconceptions
Common MisconceptionAn employer can fire you for 'any reason' at 'any time' without paying you.
What to Teach Instead
Unless there is 'just cause' (serious misconduct), an employer *must* give you notice or pay you 'in lieu of notice.' A 'Notice Period' calculation activity can help students understand their financial rights upon dismissal.
Common MisconceptionYou don't have any rights if you haven't signed a written contract.
What to Teach Instead
Even without a written contract, you are protected by 'Common Law' and the 'Employment Standards Act.' Peer-led research into 'implied contracts' can help students see that the law protects them even in 'handshake' deals.
Suggested Methodologies
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Frequently Asked Questions
How does employment law fit into the Ontario Law curriculum?
How can active learning help students understand workplace rights?
What is 'Constructive Dismissal'?
What is the 'Duty to Accommodate'?
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