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EMPR 210 > exam 2 > Flashcards

exam 2 Flashcards

1
Q

Tort

A

Wrongful act recognized as legally actionable

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2
Q

Independant contractor

A

Worker in business for themselves, not an employee

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3
Q

Dependant contractor

A

Worker with autonomy but economically dependent on one customer

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4
Q

Collective Bargaining

A

Negotiations for employment conditions by employee association

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5
Q

Common law

A

Judge-made rules based on precedent for case law

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6
Q

Administrative tribunals

A

Alternative to court system, created by statute

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7
Q

Spillover effect

A

Wage impact on non-unionized employees from collective bargaining

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8
Q

Binding precedent

A

Higher court decision applied by lower court judge

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9
Q

Union avoidance

A

Management strategy to prevent union formation

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10
Q

Master and servant law

A

Legislation regulating work in England from 14th to 19th centuries

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11
Q

6 Types of subsystems

A

Social, cultural, religious, political, legal, economic

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12
Q

Industrial Pluralists

A

View emphasizing collective bargaining and empowering workers

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13
Q

Restrictive covenant and 3 types

A

Contract term limiting former employee’s competitive practice. Non-disclosure, non-solicitation, non-compete

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14
Q

Forbearance

A

Promise to refrain from exercising contractual right

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15
Q

Quantum Meruit

A

Entitlement to fair market rate for work without stipulated amount

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16
Q

Ancillary contract term

A

Contract terms in separate materials related to employment

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17
Q

Changed Substratum Doctrine

A

Doctrine when job responsibilities change substantially

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18
Q

Contra proferentem doctrine

A

Interpreting ambiguous contract term favoring non-drafter

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19
Q

Business efficacy tests

A

implication of contract term to make it effective

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20
Q

Implied contract terms

A

Default terms read into employment contract by judges

If someone is hired to paint a room, they will do it with reasonable quality

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21
Q

Objective tests

A

Legal test based on reasonable person’s perspective

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22
Q

Subjective tests

A

Legal test based on person’s actual thinking

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23
Q

Ambiguous term

A

Contract term with multiple interpretations

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24
Q

Insubordination

A

Refusal to follow lawful work orders

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25
Q

Fixed-term contract

A

Contract with specific end date

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26
Q

Public policy illegality

A

Voiding contract contrary to public policy

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27
Q

Parol evidence rule

A

Prohibiting evidence of intent different from written contract

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28
Q

Substratum doctrine

A

Doctrine when original contract’s purpose ceases to exist

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29
Q

Constructive dismissal

A

Fundamental change to employment contract by employer

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30
Q

Inducement

A

Factor in assessing reasonable notice length

31
Q

4 types of doctrines

A

Amendement, bad faith termination, repudiation, wrongful dissmissal

32
Q

Duty to mitigate

A

Obligation to limit damages caused by breach of contract

33
Q

Bardal Factors

A

Criteria for assessing length of reasonable notice

34
Q

Equilibrium wage rate

A

Wage rate where labor supply equals demand

35
Q

Racial discrimination act

A

Prohibiting discriminatory advertisements based on race or creed

36
Q

Special program defense

A

Employment privileges for disadvantaged groups

37
Q

Human rights commission

A

Organization investigating human rights complaints

38
Q

Human rights tribunal

A

Tribunal hearing and deciding human rights complaints

39
Q

Indirect discrimination

A

Rule treating everyone the same but adversely impacting some

40
Q

BFOR

A

Defense proving legitimate business reasons for discrimination

41
Q

The five features of the human rights regime

A

Anti-Discrimination Provisions, Commissions, Complaint Process, Tribunal Remedies, Limits on Multiple Forums

42
Q

Record of offense

A

Prohibiting discrimination based on past criminal convictions

43
Q

Make whole

A

remedy to restore victim to pre-discrimination position

44
Q

undue hardship

A

Remedy to compensate for discrimination harm

45
Q

prima face case of dicrimination

A

Sufficient evidence of discrimination shifting burden to employer

46
Q

primary picketing

A

Lawful picketing at the location of the dispute

47
Q

nepotism defense

A

Permitting discrimination based on family or marital status

48
Q

personal care worker defense

A

Permitting discrimination against workers attending to medical or personal needs

49
Q

special interest organization defense

A

Exemptions for charitable, educational, or religious organizations

50
Q

PIPEDA

A

Regulates collection and disclosure of personal information

51
Q

Non-intentional torts (negligence)

A

Wrongful act causing harm without intent

52
Q

Contributory negligence

A

Injured party’s negligence contributing to loss

53
Q

Tort of intimidation

A

Threatening unlawful act to coerce compliance

54
Q

Tort of vicarious liability

A

Employer’s liability for employee’s damage to third party

55
Q

Tort of intrusion upon seclusion

A

Intentional invasion of private affairs without justification

56
Q

Dimensions of privacy

A

Corporeal, territorial, temporary, informational

57
Q

Jones v. Tsige case

A

Established right to sue for invasion of privacy

58
Q

Factories act

A

Legislation regulating work conditions and pay

59
Q

Employment Insurance act

A

Allows workers to claim benefits during leave

60
Q

Characteristics of substantially similar work

A

Same skill, effort, responsibility, and working conditions

61
Q

consumer price index

A

Estimates cost of living for minimum wage legislation

62
Q

Permissible wage differential

A

Valid and non-discriminatory wage difference

63
Q

Pepsi-cola significance

A

Labor picketing assumed lawful regardless of location

64
Q

Occupational crowding

A

Segregation of women and men into different jobs

65
Q

Nine-hour legues

A

Advocated for a nine-hour workday

66
Q

signaling effect

A

Psychological message conveyed by labor picketing

67
Q

Liberal volunteerism

A

Minimal government intervention in labor markets

68
Q

Statutory leave

A

Defined period off work without pay, job saved

69
Q

2nd labour trilogy

A

Freedom to associate and engage in collective bargaining

70
Q

Wage disclosure laws

A

Applying downward pressure on high salaries

71
Q

Non Disclosure Clause (NDA)

A

Protects confidential information shared between the parties.

72
Q

Non-compete Clause

A

Restricts one party from competing with the other, usually within a specific time period and geographic area.

73
Q

non-solicitation clause

A

Prevents one party from soliciting the employees, clients, or customers of the other party.

EMPR 210 (3 decks)

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