Employee rights and discipline:

Question 1

THE THREE REGIMES OF
EMPLOYMENT LAW

Answer 1

The Common Law of employment (The body of case law in which courts interpret employment contracts and the legal principles taken from those cases that guide the
interpretation of employment contracts)implied terms

Statutory Employment regulation (This legislation gives statutory rights which are legal entitlements that derive from government legislation.)

Collective bargaining legislation and labor arbitration
Collective Agreement
An employment contract between an employer and
a union that sets out the terms of employment of a
group of the employer’s employees represented by
the union

Question 2

Constructive dismissal:
Summary dismissal:
Wrongful dismissal:

Answer 2

Constructive:When an employer commits a fundamental
breach of the contract, such as by
unilaterally changing a key term of the
contract, the employee can treat the
breach as a termination.

these are both for non unionized employee
Summary Dismissal: When a nonunion employer terminates an
employee without notice because the employee has committed a serious breach of the contract

Wrongful Dismissal:A lawsuit filed in a court by an employee
alleging that he or she was dismissed without proper contractual or reasonable notice

Question 3

To fire a union employee you need:

Answer 3

just cause

Question 4

PIPEDA

Answer 4

Personal Information Protection
and Electronic Document Act
­ -Our right to control information
about ourselves

Question 5

The Investigative Interview

Answer 5

o An investigative interview should
always be held in private and should
elicit the comments and concerns of the
employee.

Question 6

Progressive discipline
vs
Positive, or nonpunitive,
discipline:

Answer 6

Application of corrective measures by
increasing degrees

A system of discipline
that focuses on early correction of
employee misconduct, with the
employee taking total responsibility
for correcting the problem

Question 7

ALTERNATIVE DISPUTE
RESOLUTION (ADR)

Answer 7

A term applied to different types of
employee complaint or dispute
resolution procedures; used by
employers to meet employees’
expectations for fair treatment in the
workplace while guaranteeing them
due process

Question 8

Step review system:
vs
peer review system:
vs
open door policy
vs
Ombudsperson System:

Answer 8

System for reviewing employee complaints and disputes by successively higher levels of management

-Utilizes a group composed of equal numbers of employee
representatives and management appointees

A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact

A designated individual from whom employees may seek counsel for resolution of theircomplaints

Question 9

Labour Arbitrator:

Answer 9

A person assigned to interpret and decide disputes
(“grievances”) about the meaning, interpretation,
and application of a collective agreement
governing employees in a unionized workplace