Important topics for midterm review

Question 1

Alberta employment standards legislation

Answer 1

Jurisdiction: provincial governmet of Alberta
minimum right: minimum standards floor of a safe workplace with occupational health and safety regulations
Wage: 15$
max 12 hours a day
holiday: 2 weeks paid after the 1st year of work till 4 years, then 3 weeks paid

Question 2

bona fide occupational requirements

Answer 2

a defence that permits dicrimation that is requires for legit business purposes

Question 3

bona fide occupational 3 part test

Answer 3

1. employer adopted the standards for a reason
2. employer adopted the standard in a good and honest faith
3. the standards are reasonably necessary and cannot adapt without undue hardship

Question 4

duty to accommodate

Answer 4

legal obligation to take reasonable steps to accommodate to remove discriminatory barriers to employers

Question 5

examples of duty to accommodate

Answer 5

accommodation of religion, taking breaks to pray
accommodation of gender, having a bathroom for women
accommodation of family status, altering schedule for a mother to pick up her kids

Question 6

the Oakes test

Answer 6

applies to the charter

Question 7

adverse effect discrimination

Answer 7

a policy that seems so treat everyone equally but actually has a negative impact on protected groups

Question 8

systemic discrimination

Answer 8

practices, behaviours and norms of an organization that may be unintentional that perpetuate disadvantages for certain individuals

Question 9

pre employment rights

Answer 9

in the hiring process they are not allowed to ask you about marital status, age, gender, family status, ethnicity, citizeinship

Question 10

employment statutes

Answer 10

occupational health and safety
workers compensation
labour relations code
employment standards code
human rights act

Question 11

occupational health and safety

Answer 11

The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers

Question 12

labour relations code

Answer 12

governs the establishment of union representation, collective bargaining and many other aspects of the relationship between employers, their employees and unions.

Question 13

human rights acts

Answer 13

protect workers fromprohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been

Question 14

employment standards code

Answer 14

set the floor standards for employees determining wage, safety, hours, vacation
The Act is meant to provide minimum employment standards for employees

Question 15

workers compensation

Answer 15

a form of insurance funded by workers.

when workers accept workers comp they lose their rights to sue their employer

Question 16

employment contract rules of interpretation

Answer 16

courts must stay in the 4 courts of the contracts , no parole evidence may be used

Question 17

rules the affect the enforceability of a contract

Answer 17

lack of capacity 
lack of legality
lack of mutual agreement 
lack of intent to enter
lack of acceptance 
unilateral changes made to the contract

Question 18

non solicitation clause

Answer 18

restricts and employee from pursuit your clients vendors or employees during employment and a specific period after

Question 19

breach of fiduciary duty

Answer 19

breaking a level of trust between an employee and employer out of self interest
example stealing

Question 20

employee

Answer 20

a worker who is under subordination and has entered into a contract exchanging wages for labour

Question 21

independent contractor

Answer 21

a worker who is in business for himself

Question 22

the 4 fold test

Answer 22

the test used by courts to distinguish between an employee and independent contractor 
uses
-tools test
-control test
-chance of profit test
-risk of loss test

Question 23

why is it important to distinguish between an employee and an independent contractor?

Answer 23

• employers have duties under several acts and standards they must follow for employees
• vicarious liability

Question 24

independent contractors

Answer 24

supply own tools
control and direction of work
little supervision
have their own clients 
pays own expenses
advertises own own on the market
risk of loss
chance of profit
don't pay employee deductions
may hire workers

Question 25

jurisdiction

Answer 25

area of governmnet with power to govern

Question 26

paramouncy

Answer 26

when there is a concurrent law (provincial and federal) provincial law is struck down

Question 27

common law

Answer 27

precedent based law inherited from england

Question 28

statute law

Answer 28

a bill approved by provincial or federal governmnet

Question 29

limitation perios

Answer 29

statute of limitations is the amount of time you have to take legal actions before a drop dead date

Question 30

civil law-suite

Answer 30

a lawsuit where person a accuses person b responsible for causing harm

Question 31

procedural law

Answer 31

Procedural law provides the process that a case will go through (whether it goes to trial or not). The procedural law determines how a proceeding concerning the enforcement of substantive law will occur.

Question 32

substantive law

Answer 32

Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.

Question 33

constitution act 1867

Answer 33

the constitution defines how governments will work

Question 34

power 91

Answer 34

grants federal jurisdiction certain industries and varieties of matters that are relevant to the law of work
grants federal governmnet juristiction over POGG

Question 35

power 92

Answer 35

states companies that operate over multiple provinces are under federal juristiction as long as the work is “continuous and regular”

Question 36

charter of rights and freedoms

Answer 36

part of the constitution , its purpose is to regulate governmnet action. imposes checks on what governmnet can and can’t do

Question 37

protecting of the charter

Answer 37

protection from discrimatinon by governmnet

Oakes test is used

Question 38

examples of protection

Answer 38

fundamental freedoms
mobility rights
equality rights
guarantee of rights and freedoms

Question 39

limitations of the charter

Answer 39

governments can emend rights if it they are proven reasonable and proportional benfits

Question 40

executive branch

Answer 40

prime minster and his cabinet
focus on day to day
make sure laws are obeyed

Question 41

legislative

Answer 41

house of commons, senate and gov. general

decided what bills become legal

Question 42

judicial

Answer 42

judges
resolve despuntes
decide the meaning of laws

Question 43

undue hardship

Answer 43

the legit defence that an employer may rise to justify why it did not accommodate
it would cause significant difficulty beyond mere convenience

Question 44

statute

Answer 44

a law passed by legislative power