MIDTERMS: Matching Type Flashcards
Having a height and weight requirement for a job.
Constructive Discrimination
A statutory provision that limits the ability to appeal the decision of an administrative tribunal to the courts.
Privative Clause
The principle whereby if a term in a contract is ambiguous (i.e. can have more than one meaning), courts will interpret that term in favour of the party who did not draft it.
Contra Proferentem
Another name for “statute”.
Act
Sonia is not required to divulge confidential communications with her lawyer that she disclosed for the purpose of getting legal advice.
Solicitor-client privilege
A requirement that a cab driver must have a driver’s license.
BFOR
The employer fires the employee for filing a human rights complaint.
Reprisal
The employment contract does not contain a termination provision so Shady is entitled to reasonable notice of termination.
Implied term
Administrative Tribunals Bodies created by statute to offer an alternative to the court system
Administrative Tribunals
Previous decisions by judges that looked at similar issues.
Legal Precedent
The employer offers Sheila the job, subject to her taking a pre-employment medical examination.
Conditional Job Offer
Francine is a self-employed HR consultant.
Independent Contractor
The employer modifies the company car so Philip, who was recently disabled, can still drive it.
Reasonable Accommodation
Maia is hired on a permanent, rather than a temporary, basis and this means that she is a ____________________ hire.
Indefinite
Rules contained in various handbooks, etc. that govern the workplace and which are included as part of the employment contract if referred to as such within the employment contract
Ancilliary Contract
Francis’s employment contract includes a clause whereby he agrees not to solicit the employer’s customers for six months after he leaves that employment.
Restrictive Covenant
Where accommodating someone with a disability would substantially affect the viability of the organization.
Undue hardship
It protects legislation from a Charter of Rights challenge as long as the legislation expressly contains it.
Notwithstanding Clause
The party opposing an appeal.
Respondent
Law that applies to private, non-criminal matters.
Civil Law
