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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
Fixed-term contract
Contract with specific end date
26
Public policy illegality
Voiding contract contrary to public policy
27
Parol evidence rule
Prohibiting evidence of intent different from written contract
28
Substratum doctrine
Doctrine when original contract's purpose ceases to exist
29
Constructive dismissal
Fundamental change to employment contract by employer
30
Inducement
Factor in assessing reasonable notice length
31
4 types of doctrines
Amendement, bad faith termination, repudiation, wrongful dissmissal
32
Duty to mitigate
Obligation to limit damages caused by breach of contract
33
Bardal Factors
Criteria for assessing length of reasonable notice
34
Equilibrium wage rate
Wage rate where labor supply equals demand
35
Racial discrimination act
Prohibiting discriminatory advertisements based on race or creed
36
Special program defense
Employment privileges for disadvantaged groups
37
Human rights commission
Organization investigating human rights complaints
38
Human rights tribunal
Tribunal hearing and deciding human rights complaints
39
Indirect discrimination
Rule treating everyone the same but adversely impacting some
40
BFOR
Defense proving legitimate business reasons for discrimination
41
The five features of the human rights regime
Anti-Discrimination Provisions, Commissions, Complaint Process, Tribunal Remedies, Limits on Multiple Forums
42
Record of offense
Prohibiting discrimination based on past criminal convictions
43
Make whole
remedy to restore victim to pre-discrimination position
44
undue hardship
Remedy to compensate for discrimination harm
45
prima face case of dicrimination
Sufficient evidence of discrimination shifting burden to employer
46
primary picketing
Lawful picketing at the location of the dispute
47
nepotism defense
Permitting discrimination based on family or marital status
48
personal care worker defense
Permitting discrimination against workers attending to medical or personal needs
49
special interest organization defense
Exemptions for charitable, educational, or religious organizations
50
PIPEDA
Regulates collection and disclosure of personal information
51
Non-intentional torts (negligence)
Wrongful act causing harm without intent
52
Contributory negligence
Injured party's negligence contributing to loss
53
Tort of intimidation
Threatening unlawful act to coerce compliance
54
Tort of vicarious liability
Employer's liability for employee's damage to third party
55
Tort of intrusion upon seclusion
Intentional invasion of private affairs without justification
56
Dimensions of privacy
Corporeal, territorial, temporary, informational
57
Jones v. Tsige case
Established right to sue for invasion of privacy
58
Factories act
Legislation regulating work conditions and pay
59
Employment Insurance act
Allows workers to claim benefits during leave
60
Characteristics of substantially similar work
Same skill, effort, responsibility, and working conditions
61
consumer price index
Estimates cost of living for minimum wage legislation
62
Permissible wage differential
Valid and non-discriminatory wage difference
63
Pepsi-cola significance
Labor picketing assumed lawful regardless of location
64
Occupational crowding
Segregation of women and men into different jobs
65
Nine-hour legues
Advocated for a nine-hour workday
66
signaling effect
Psychological message conveyed by labor picketing
67
Liberal volunteerism
Minimal government intervention in labor markets
68
Statutory leave
Defined period off work without pay, job saved
69
2nd labour trilogy
Freedom to associate and engage in collective bargaining
70
Wage disclosure laws
Applying downward pressure on high salaries
71
Non Disclosure Clause (NDA)
Protects confidential information shared between the parties.
72
Non-compete Clause
Restricts one party from competing with the other, usually within a specific time period and geographic area.
73
non-solicitation clause
Prevents one party from soliciting the employees, clients, or customers of the other party.

EMPR 210 (3 decks)

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