Ch 20/21/22 - Employment, Professional Service

Question 1

employment relationship

Answer 1

contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services

Question 2

independent contractor

Answer 2

a person who is in a working relationship that does not meet the criteria of employment

Question 3

human rights commission

Answer 3

an administrative body that oversees the implementation and enforcement of human rights legislation

Question 4

discrimination

Answer 4

act of treating someone differently on the basis of a prohibited ground

Question 5

adverse effects discrimination

Answer 5

discrimination that results front he combined effects of many rules, practices, and policies

Question 6

Bona fide occupational requirement (BFOR)

Answer 6

a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason

Question 7

employment equity legislation

Answer 7

laws designed to improve the status of certain of designated groups

Question 8

fixed-or definite-term contract

Answer 8

a contract for a specified period of time, which automatically ends on the expiry date

Question 9

indefinite-term contract

Answer 9

a contract for no fixed period, which can end on giving reasonable notice

Question 10

employment standards legislation

Answer 10

laws that specify minimum standards in the workplace

Question 11

pay equity

Answer 11

provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work

Question 12

certification

Answer 12

process by which a union is recognized as a bargaining agent for a group of employees

Question 13

labor relations board

Answer 13

body that administers labor relations legislation

Question 14

collective bargaining

Answer 14

a mechanism by which parties enter a collective agreement or contract

Question 15

collective agreement

Answer 15

the employment agreement reached between the union and employer setting out the bargaining unit employees’ terms and conditions of employment

Question 16

just cause

Answer 16

employee conduct that amounts to a fundamental breach of an employment contract

Question 17

serious misconduct

Answer 17

intentional, harmful conduct of the employee that permits the employer to dismiss without notice

Question 18

progressive discipline policy

Answer 18

a system that follows a sequence of employee discipline from less to more severe punishment

Question 19

condonation

Answer 19

employer behavior that indicates tot he employee that misconduct is being overlooked

Question 20

habitual neglect of duty

Answer 20

persistent failure to perform employment duties

Question 21

incompetence

Answer 21

lack of ability, knowledge, or qualification to perform employment obligations

Question 22

conduct incompatible

Answer 22

personal behavior that is irreconcilable with employment duties or prejudicial to the employer’s business

Question 23

willful disobedience

Answer 23

deliberate failure to carry out lawful and reasonable orders

Question 24

reasonable notice

Answer 24

period of time for an employee to find alternative employment prior to dismissal

Question 25

constructive dismissal

Answer 25

employer conduct that amounts to a breach of a fundamental term of the employment contract

Question 26

fundamental term

Answer 26

term that is considered to be essential tot he contract

Question 27

severance pay

Answer 27

an amount owed to a terminated employee under employment standards legislation

Question 28

release

Answer 28

written or oral statement discharging another from an existing duty

Question 29

grievance process

Answer 29

procedure for resolving disputes contained in union contracts

Question 30

professional

Answer 30

someone engaged in an occupation, usually governed by a professional body, requiring the exercise of specialized knowledge, education, and skill

Question 31

retainer

Answer 31

an advance payment requested by a professional from a client to fund services to be provided to the client

Question 32

duty of confidentiality

Answer 32

the obligation of a professional not to disclose any information provided by the client without the client’s consent

Question 33

privilege

Answer 33

the professional’s right not to divulge a client’s confidential information to third parties