Chapter 12 Flashcards
Affirmative action
Programs intended to correct racial, gender or other imbalances in the workplace
Agent
A person authorized to represent or act on behalf of a principal in dealings with third parties
Anton Piller order
A court order to seize offending material before trail; name derives from a prominent English case where the order was first used
Bargaining agent
A body certified to act on behalf of a group of employees or employers
Bargaining unit
A group of employees who have been certification
Closed shop
A workplace where only workers who are already members of the union can be hired
Collective bargaining
A procedure for settling terms and conditions of employment by negotiation between an employer and its employees as expressed through representatives chosen by them
Constructive dismissal
Unilaterally demoting or changing the duties of an employee, contrary to what was agreed to in the employment contract; conduct that essentially terminates a pre-existing contractual relationship which could be treated as dismissal
Control test
A test of wether an employment relationship exists based on whether the person being paid for work is told how when and where to do it
Employee
A person who has agreed to perform specified services for an employer in exchange for payment
Employers’ organizations
Bargaining agents representing groups of employers
Employment equity
The correction of employment situations where there has been a tradition or racial, gender or other imbalance
Grievance process
A procedure for settling disputes arising under a collective agreement
In good faith
A characteristic of bargaining that makes every reasonable effort to reach an agreement
Independent contractor
A person working for themselves who contracts to provide specific services to another
Interest dispute
A disagreement about the terms to be included in a new collective agreement
Issue estoppel
A principle preventing an issue from being litigated again on the grounds that it has already been determined in an earlier trail or hearing
Jurisdictional dispute
A disagreement over who has authority; in the labour context, a dispute between two unions of which one should represent a group of employees or which union members ought to do a particular job
Just cause
A valid reason to dismiss an employee without notice
Lockout
An action in which the employer prevents employees from working
Mandatory retirement
Forced retirement from employment, generally at 65 years
Mediator
A neutral third party who facilitated discussion between parties to a dispute to encourage and assist them coming to agreement (conciliator)
Organization test
A test used to establish wether a worker is an employee or independent contractor; examines whether the worker is providing services integral to the organization’s business
Pay equity
A principle (or statute) requiring equal pay for work of equal valie
Pay in lieu of notice
An amount paid to a dismissed employee in place of notice of termination
Picketing
Job action during a legal strike when employees circulate at the periphery of the job site to persuade others not to do business with the struck employer
Reasonable notice
Length of notice to be given to an employee to terminate an employment contact of indefinite term; determined with reference to length of service and the nature of the employees position, among other factors
Recognition dispute
A dispute arising between a union and employer while the union is being organized
Restrictive convenant
In property law, a condition imposed by the seller as to what the purchaser can use the land for; in employment law, a commitment not to work in a certain geographical area for a designated period of time
Reverse discrimination
Prejudice or bias exercised against a person or class to correct a pattern of discrimination against another person or class
Rights dispute
A disagreement about the meaning of a term in a collective agreement
Secondary picketing
Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business
Strike
Withdrawal of services by employees
Union shop
A workplace where new employees must join the union
Work stoppages
Strikes (initated by employees) and lockouts (initiated by employers)
Work to rule
A job action in which employees perform no more than what is minimally required so as to pressure an employer
Wrongful dismissal
Termination of employment without reasonable cause and without notice or pay in lieu of notice
Wrongful dismissal
Termination of employment without reasonable cause and without notice or pay in lieu of notice
