Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Employment Law > Midterm Review > Flashcards

Midterm Review Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Possible reasons for Lawful contract termination

A
  • agreement of parties
  • frustration of contract
  • employer terminates with “reasonable notice”
  • the employer terminates for cause
  • the special case of constructive dismissal
  • the employee terminates with notice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

frustration of contract

A

an unforeseeable event makes the performance of the contract impossible, instantly terminates the contract
Example, death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

3 branches of governmnet

A

Executive branch
Legislative
Judicial Branch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

executive branch

A
  • consists of the prime minister and his cabinet
  • head of state
  • the members of the executive branch are the decisions makers of parliment
  • make sure laws are obeyed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Legislative branch

A

includes the house of commons, the senate and the queen who is represented by the Governor General
-Decide what is legal
-Create laws
memebers of senate are appointed through advice of PM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

House of commons

A
  • made up of members of parliament representing their riding
  • where laws are formed
  • made up of commoners from all over Canadas
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Judicial Branch

A

Decide if laws are constitutional
judges decide what the meaning of laws are
-resolve disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Section 91 of the constitution states

A

Grants federal government jurisdiction over a variety of matters and industries which are relevant to the law of work
Section 91 also grants the federal government jurisdiction to make laws of POGG Power (for the peace, order, and good government of Canada)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 91 of the constitution covers:

A
  • regulation of trade and commerce
  • unemployment insurance
  • postal services
  • military, defence and naval services
  • navigation and shipping
  • banking, incorporation of banks, issue of paper money
  • bankruptcy and insolvency
  • patents and copyrights
  • criminal law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Charter of Rights and freedoms

A

the chartercame into effect in 1982, is part of the constitution act and its purpose is to regulate governmnet action

-governmnats must consider the charter when they are proposing and drafting new laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Section 92 of the Constitution states

A
  • Companies that operate multiple provinces are legislated by the federal government, even if companies only do it occasionally it falls under this act if it is “regular and continuous”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

statute

A

a bill passed by provincial or federal government.
a statute may grant a right to create regulations of how the law will actually function and who it will and will not cover
-regulates the conduct of people and business

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Expert administrative tribunals

A

Decision making bodies created by government statute and given responsibility for interpreting and enforcing regulations

Government statutes are enforced and administrated by an army of inspectors, investigators, mediators, expert administrative tribunals when parties cannot resolve a complaint voluntarily it may end up before an expert administrative tribunal.
-tribunals are staffed by a small army of administrators, mediators and lawyers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Constitution act of 1867

A

defines the operations of the government of Canada. including federal structure. contracts the house of commons, the senate, justice of peace and tax system.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

protection from discrimination by government

A

if a law is discriminatory, the government has to prove it is reasonable and demonstrate this using the Oakes test. if it is not reasonable the law may be stuck down

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

example of protection of the charter

A
  • human rights act: covers freedom of religion, freedom of expression, freedom of association
  • fundamental freedoms
  • mobility rights
  • equality rights
  • freedom of association
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

limitations of the charter

A

section 33, if the law is struck down with the notwithstanding clause: it allows governments temporaily oride certain charter rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

paramouncy

A

where there is a concurrent federal and provincial law. provincial governmnet will be stuck down

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

most admistrative boards are monitored through

A 
adminstration boardssuhc as 
-employmnet standards board
-alberta labour boards
-human rights board
appealing these boards is very diffucult
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

juristiction

A

which governmnet had power the makelaws (Federal/provincial)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

concurrent juristoction

A

where 2 or more courts have juristiction over a specific case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

common law

A

-precendt based courts

judge made laws inherited drom england

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

civil lawsuite

A

court based process where person A can seek to hold person B liable for spme type of harm or wrongful act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

limitation period

A

the amount of timne before a drop dead date in a period to seak legal action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

mutual consideration

A

something of value to noth parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

parole evidence

A

introdcution of prior evidence during previous negotiations or agreemnets that contractidct contractual terms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

procedural law

A

law of how to do someting
-the procedures that must be followed
example, how to file a compolaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

substansive law

A

covers rights and obligations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

definaition of an employee

A

worker who must comply to subordination, suject to rules and entitlemets set out in a contract that declares the exchange of labour for payment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

definition of independent contractor

A

worker who is in business for himself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

reasons hwy its imporant to know the difference between an employee and independant contractor

A
  • vicarious libaility
  • occupational health and safty
  • employmnet standards
  • duties of the employer under the acts
32
Q

tests used by courts to determine whether the wokrer is an indepednat contractor or employee

A

the fourfold test

this includes:
ownership of tools test
control test
risk of loss
chance of profit test
33
Q

tools test

A

were the tools supplied by the employer or independat contractor

34
Q

risk of loss and chance of profi

A

does the woorker have financial investmnets in the work?

35
Q

employmnet contracts rules of interpretation

A

within a written agreemnet the court must stay within the 4 corners of the contract , no parole evidence can be used

36
Q

issues that effect enforcibility of a contract

A
  • lack of cpacity
  • objective test- intent to enter
  • lack of mutual consideration
  • no acceptance
37
Q

ambiguity in contract

A

when there is ambigouity in a contract the courts hold favour to the party who didnt write the contract
the employee gets the benefit in employmnet contracts

38
Q

restrictive covenants include

A

non solicitation
non competition
fiduciary duty
non disclosure

39
Q

non disclosure clause

A

A Non-Disclosure Agreement, or NDA, is a contract that protects someone’s private and proprietary information from being shared with anyone who should not have access it.

40
Q

non competititon clause

A

prevents a worker from working in the same industry as a competitor with the employer

41
Q

fiduciary duty

A

level of trust between the employer and the employee.

example, you are not to take anything from the employer and use it for your own benefit

42
Q

duty to accomidate

A

legal requirmnet in human righst law to take steps to remove discrimatory barriers to employmnet
-altering scheduels, rules, work patterns

43
Q

due diligence

A

reasonable steps taken to prevent/satisfy legal requirmnets

44
Q

bonafide occupational requirments

A

a defence that permits discrimation based on honest restrictions that is required for legit business reasons
-moiren case of the female firefighter that did not meet physicial requiremnets

45
Q

bonafide occupational requiremnts 3 part test

A
  1. the employer adopted the standard for a purpose
  2. the employer adopted the standards in a honest and good faith belief
  3. the tandard is a reasonable necessary and cannot addapt without undue hardship to the employer
46
Q

employmnet equity

A

redress historical discriminatino giving preference in hiring to women, visible minorities, aboriginals, people with disabilities

47
Q

employmnet equity

A

redress historical discriminatino giving preference in hiring to women, visible minorities, aboriginals, people with disabilities

48
Q

employmnet standards act

A

-sets the standards for minimum wages, hours of work, time off and righst of employees child wokrers and maternity leave
contains minimum floor standards for workplaces

49
Q

occupational health and safety

A

rules and standards for health, safety and wellness in wokrplaces
enforced through inspections, investigations
applies to all workers not just employees
requires employers to do everything they possibly can to protect the health and saftey of employers

50
Q

human rights act

A

prohibits discrimination on grounds of race, gender, sex, religion , gender expression, age , disability etc.
ensures equal opportunity to victims of discrimination

51
Q

human rights act

A

prohibits discrimination on grounds of race, gender, sex, religion , gender expression, age , disability etc.
ensures equal opportunity to victims of discrimination

52
Q

labour relations code

A

The Code outlines the rights and responsibilities of employers, trade unions and employees in labour relations. In Alberta, the Code guarantees that employees have the right to collective bargaining with employers
-allegations of unfair labour are investigated

53
Q

workers comp

A

Workers’ compensation is a liability and disability insurance system under the Alberta Workers’ Compensation Act.

54
Q

non-disclosure

A

prevents a former employee from disclosing information that has proprietary value to the employer

55
Q

restrictive covenenat

A

a contract term that restricts the right of a former employee to engage in certain competitive practices against his or her former employee

56
Q

ancillary documents

A

written materials that are physically seperate from an employee contrcat but that inlcude to the employmnet relationship
example, handbooks, brochure, human resource policy manuals

57
Q

the right to refuse dangerous work is under which act

A

occupational health and safety act

58
Q

the Supreme Court has created a two step process to analyze charter challenges

A
  1. has governmnet infringed a chaste right of freedom?

2. if an infringement exist, is it justified in a free and democratic society

59
Q

What Rights and Freedoms in the Charter Are Important to the Law of Work

A

The sections of the Charter that are most important to the law of work•Guarantee of rights and freedoms
•Fundamental freedoms
•Mobility rights
•Equality rights

60
Q

what does the charter govern

A

The Charter applies only to government action•Its purpose is to regulate the relationship between governments and citizens•Governments act by:

  1. Enacting and administering laws and regulations
  2. Acting in the capacity of the employer of their own employees
61
Q

The Charter and the regulatory standards regime

A

The Charter and the regulatory standards regime•Section 15, the equality rights provision, states that “[e]very individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination

62
Q

the Oakes test

A

applies to the charter
judges the benefit of the violation on society
2 part test
1. pressing and substancial concern test
-must relate to a pressing and substance concern and must prove the actions were taken to address a public concern
2. proportionality test
does this violation outweigh the harm of having his or her charter violated

63
Q

not withstanding clause

A

basically an override of rights in the charter

ex, Doug Ford slashing seats before election

64
Q

notwithstanding word definition

A

regardless

65
Q

who does the charter of rights and freedoms govern?

A

charter only applies to gov. actin and regulates the relationship between government and citizen not between private companies and private citizens

66
Q

purpose of the charter

A

regulate government action

The Charter restrains government in terms of the regulation of work and influences the development of the common law regime and the regulatory standards regime

67
Q

challenges of the charter

A
  1. has government infringed on rights and freedoms?

2. if yes, is it justified in a free and democratic society?

68
Q

what rights and freedoms are important to the law of work?

A

guarantee of rights and freedoms
right of association
mobility rights
fundamental freedoms

69
Q

regulatory standards regime

A

every individual is equal in and under the law and has equal protection and equal benefit under the law

70
Q

most employmnet regulations are under

A

common law regime

71
Q

purpose of regulatory standards regime

A

The objective of the regulatory standards regime is to ensure that no workers are offered, accept, or work under conditions that are not “decent”

72
Q

employees that fall under federal government employees

A

Employees of the federal government2.Employed by an employer that operates in an industry that is specifically assigned to federal jurisdiction by the Constitution3.Employed by a company whose ordinary business is to provide a “vital” or “integral” service to a federally regulated business

73
Q

constructive dismissal

A

when the employee quits based on the employer creating a hostile wokr enviroment
may sue for breach of contract

74
Q

summary dismissal

A

when an employee is fired without notice due to just cause

75
Q

at will employee

A

a term in the US labour law within a contract that states the employer can be fired at any time, without just cause and without warning

76
Q

alberta standards legislation

A

minimum wage 15$
Employees must work for one year before they’re entitled to vacation time
2 weeks with pay after each of the first 4 years of employment
An employee may work a maximum of 12-hours a day unless an exception occurs.
Employees are entitled to at least 30 minutes of rest (break) during every 5-hour work period.
Employees are entitled to at least one day of rest each workweek.

Employment Law (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions