Chapter 6 Flashcards
Unfair labour practices
What is the main misconception regarding Unfair Labour Practices (ULP) mentioned in the summary?
he common misconception is that any employee dissatisfaction or action will constitute a ULP, which is not the case. ULPs are specifically defined in the Labour Relations Act (LRA).
ow is Unfair Dismissal different from Unfair Labour Practices (ULP)?
Unfair dismissal is distinct from ULP. ULP focuses on the employer’s actions during the employment relationship, while unfair dismissal pertains to the end of the employment relationship.
What factors qualify a move from one job to another as a promotion, according to the summary?
A move qualifies as a promotion if there is an existing relationship, and the new job is higher in status, carries more responsibilities, authority, or entails higher wages or benefits.
In what circumstances can the non-promotion of an applicant be considered an Unfair Labour Practice?
Non-promotion can be considered a ULP if the applicant applied for a higher-status position, met the minimum requirements, and the non-promotion was unfair. Unfairness is determined by arbitrary or biased decision-making.
What is the purpose of probation, and what conduct by the employer during probation may be regarded as a ULP?
Probation is meant for the employer to evaluate the employee’s performance before confirming permanent employment. ULPs during probation include inadequate agreements, excessively long periods, and unfair extensions without proper evaluation or support.
What qualifies as a ULP regarding training, and how can an employee’s claim be strengthened?
Failure to provide agreed-upon training can be a ULP. An employee’s claim is strengthened if other employees are trained, and the denial is arbitrary, especially when training is a prerequisite for promotion
What distinguishes a Dispute of Right from a Dispute of Interest?
A Dispute of Right involves pre-existing claims under a contract, statute, or common law. In contrast, a Dispute of Interest seeks new rights that the party currently does not have.
According to the summary, what is the key consideration for benefits to be categorized as such in the context of ULP?
Benefits will be categorized as such only if there is a pre-existing entitlement to the benefit arising from legislation, a contract, or a collective agreement.
How does the summary differentiate between suspension as a disciplinary measure and suspension as a holding operation, regarding fairness and payment?
Suspension as a holding operation must be on full pay; otherwise, it could breach the contract. If suspended on full pay with no intention of holding a disciplinary inquiry, it could be considered a ULP.
What protections does the Protected Disclosures Act (PDA) provide, and how does it relate to Unfair Labour Practices?
The PDA protects employees making disclosures about criminal or irregular conduct (whistle-blowing). Unfair conduct by the employer involving occupational detriment under the PDA qualifies as a ULP under the Labour Relations Act.
