Chapter 15 Flashcards
What is an implied term of every employment contract?
The duty to serve an employer honestly and loyally.
What are the two main aspects of this implied term?
The duty not to use or disclose confidential information and the duty of good faith.
What is an interlocutory injunction?
A temporary injunction granted by a court before the final determination of a lawsuit for the purpose of preventing irreparable injury.
What is a fiduciary employee?
A senior or key employee who holds a position of trust who could significantly affect an employer’s interests.
Do fiduciary employees have additional post-employment obligations?
Yes, even without a written agreement, a fiduciary may not solicit a former employer’s customers or prospective clients if the fiduciary took part in developing a relationship with these clients while employed.
What factors are relevant in determining whether a fiduciary duty has been breached?
the position held by the employees;
* the nature of the corporate opportunity, its “ripeness,” its specificity, and the fiduciaries’ relation to it;
* the amount of knowledge possessed by the employees;
* the circumstances in which the knowledge was obtained and whether it was special or private; and
* the circumstances under which the relationship was terminated: retirement, resignation, or discharge.
What is the difference between the post-employment obligations of fiduciaries and those of other employees?
Chapter 151. Describe the difference between the post-employment obligations offiduciaries and those of other employees.Even in the absence of a restrictive covenant, all formeremployees have a duty not to use or disclose trade secrets orconfidential information obtained as a result of theiremployment.Fiduciary employees, on the other hand, have implied additional duties. They may not: solicit a former employer’s customers or prospective clients if they took part in developing a relationship with these clients while employed; take a corporate opportunity for their own benefit presented as a result of their employment (this duty survives the employment relationship); or compete against the former employer for a reasonable period after leaving employment, even where a client of the former employer seeks them out.These duties last for a “reasonable” period of time after theiremployment ends—typically 6 to 18 months, depending on thecircumstances
What are the phases of establishing a union?
organizing phase, certification phase, collective bargaining phase
What is the Labour Relations Board?
the government agency
responsible for interpreting, applying, and enforcing provincial labour relations codes; LRBs oversee certification and decertification processes and act as tribunals hearing disputes over unfair labour practices, strikes, lockouts, and any other matters related to the Labour Relations Code
What is a bargaining unit?
the group of employees for which the union negotiates a collective agreement
What is a union member?
a person admitted to membership in the union organization.
What is union density?
the percentage of workers who are unionized, as opposed to working under individual contracts of employment; also called union coverage
What is union security?
refers to any requirements in the collective agreement that employees in the bargaining unit either be members of the union or pay dues to the union.
What is union shop?
a type of union security whereby all employees in the bargaining unit must become members of the union within a specified period of time (usually after a probationary period); employment is conditional on joining the union
What is closed shop?
a type of union security whereby a person must be a member of the union before getting the job; the employer is only allowed to hire current members of the union to work in a particular bargaining unit
