Fairness at Work: Federal Labour Standards for the 21st Century, by Harry Arthurs, Ottawa: Publications Services, Human Resources and Skills Development Canada, 2006, 302 pp., ISBN 0-662-44159-1 (also available in French as Équité au travail : des normes du travail fédérales pour le XXIe siècle, and on-line at http://www.fls-ntf.gc.ca)

Fairness at work is a topic that never goes out of style. Whether it goes by the label of organizational justice, equality at work, or workplace equity, it is something that most Canadians covet, and a subject that academics across several disciplines love to study. Even though fairness in the workplace is a multidisciplinary topic, its legal underpinnings are of particular interest and vital importance. As a result, Harry Arthurs recent review of Part III of the Canadian Labour Code (CLC), which establishes labour standards for workers under federal jurisdiction, and his report on how these standards might be improved to meet the demands of the 21^st century, are a welcome addition to the literature. Arthurs was appointed in October 2004 by the Minister of Labour and Housing to be commissioner of a comprehensive review of Part III of the CLC. There were modifications to Part I of the Code (Industrial Relations) in 1999 in an attempt to modernize and streamline the collective bargaining process, and Part II of the Code (Occupational Safety and Health) was overhauled in 2000. Arthurs’ commission was set up to complete the process of modernizing the remaining part of the Code. Arthurs published his report in 2006. He was aided in his review by a panel of academic experts, a panel of professional experts, and a commission secretariat. In addition, two academic roundtable discussions were organized along with several public town hall meeting. In total, the commission amassed twenty-three independent research studies, nine staff research studies, and 154 briefs from chambers of commerce, unions, employer groups, advocacy organizations, and individuals. The report is organized into 11 chapters and 9 appendices, with a total of 197 recommendations for updating federal labour standards. Chapters 1-3 provide general and background information. Chapter 4 deals with the reach of labour standards, and particularly with workers who are currently excluded from coverage such as managers and independent contractors. Chapter 5 deals with issues related to the employment contract, and Chapter 6 is concerned with the interface between labour standards and human rights legislation. Chapter 7, the longest, tackles the myriad set of issues related to work-life balance and workers’ control over time. Chapter 8 covers the regulations related to termination and unjust dismissal, and Chapter 9 deals with compliance. Chapter 10 covers vulnerable workers. Chapter 11 steps back from an assessment of current rules and regulations to consider how a re-jigged set of labour standards could make a positive contribution to the Canadian economy. The first 8 appendices provide details about the commission and its work, and Appendix 9 offers a number of technical recommendations that were deemed not to involve major issues of principle or policy. Arthurs’ report was commissioned to respond to the changes that have taken place in the economy and workplace since Part III was enacted in 1965. He rightly acknowledges that demographic changes (more women, more minorities, aging workforce, etc.), new technology, dual-career families, and a heightened focus on work-life balance issues, in concert with growing international integration, deregulation, increased competition, and a shift toward a knowledge-based economy, have combined to reshape the needs, values and expectations of workers, employers and governments (p. x). Organized labour has since its beginnings been concerned with the regulation of work time. Many of the earliest demands voiced by the labour movement had to do with such things as work hours, overtime, breaks, rest periods, leaves, holidays and vacations. Arthurs points out that about half of Part III currently deals with these sorts of issues, and almost two-thirds of the submissions he received addressed the regulation of working …