Brainscape's Knowledge GenomeTM

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


See full index

EMPLOYMENT LAW > MIDTERMS REVIEWER > Flashcards

MIDTERMS REVIEWER Flashcards

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

Judge-made law that has evolved over time

A

Common law

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

Remedy for Common Laws

A

Damages $$$

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

A wrong for which one party can recover damages from another party for the harm caused
Eg. defamation

A

Tort law

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

Has a wide range of remedies and covers ESA, OHRC, OHSA, etc.

A

Statute law

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

It is made when the legislative body with authority over a given area, passes legislation.

A

Statute law

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

TRUE OR FALSE: The Ontario Human Rights Code is a judge-made law.

A

False - it is a statute, a legislation passed by the government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

2 distinct sources of Employment Law

A

1) Common Law
2) Statute Law

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

2 key branches of Common Law

A

1) Contract Law
2) Tort Law

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

A largely symbolic process through which the “Crown” or his or her representative formally approves a new law passed by a Canadian Parliament.

A

Royal Assent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A bill introduced in the legislature by the Cabinet minister who is responsible for the relevant subject matter.

A

Public bill

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

A bill that may deal with matters of public importance but is put forward by a private member of a legislature.

A

Private member’s bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A bill that cover non-public matters such as changing corporate charters and has limited scope.

A

Private bill

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

Individual employment agreement.
Eg. breach of contract law

A

Contract law

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

An area of civil law that governs agreements between people or companies to purchase or provide goods or services.

A

Contract law

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

Very serious employee misconduct or incompetence that warrants dismissal without notice.

A

Just cause

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

Losses suffered as a result of the other party’s actions.

A

Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The party that brings an action.

A

Plaintiff

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

The party against which an action is brought.

A

Defendant

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

A wrong for which one party can recover damages from another party for the harm caused.
Eg. defamation

A

Tort law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Law that relates to private, non-criminal matters, such as property law, family law, and tort law.

A

Civil law

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

Have been established to make decisions in specialized areas such as employment standards or discrimination.

A

Administrative tribunals

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

It is placed below tribunals and is staffed with inspectors or officers empowered to investigate complaints, make rulings, and sometimes issue orders.

A

Administrative agencies

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

Dismissal without cause by an employer without adequate notice or termination pay.

A

Wrongful dismissal

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

TRUE OR FALSE: Lower courts must follow the decisions of higher courts where the legal issues are the same.

A

True

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

Burden is on party bringing the action to prove his/her case against the defendant employer on a “balance of probabilities”.

A

Civil case (non-criminal)

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

Burden is on the “Crown” to prove accused’s guilt “beyond a reasonable doubt”.

A

Criminal case

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

4 factors driving changes in employment law

A

1) Demographic shifts
2) Changing societal values
3) Changes in government
4) Other pressures

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

3 main levels of government

A

1) Municipalities
2) Federal
3) Provincial

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

TRUE OR FALSE: Municipalities do not pass employment related statutes although by-laws may affect the workplace.

A

True

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

10% of employees are covered by this law.

A

Federal Employment Law

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

90% of employees are covered by this law.

A

Provincial Employment Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

They are as binding as statutes even though they are passed by a government committee, internally, and do not go through a debate in the legislature.

A

Regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

A legal decision that acts as a guide in subsequent cases.

A

Precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

A common law principle that requires lower courts to follow precedents emanating from higher courts in the same jurisdiction.

A

Stare Decicis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Means “to stand by things decided”.

A

Stare Decicis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Term used for a precedent from a higher court that a lower court decides not to follow, usually because the facts in the case differ.

A

Distinguishable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

The factual basis on which a legal claim can be made.

A

Cause of action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

TRUE OR FALSE: The Canadian Charter of Rights and Freedoms is a constitutional law.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

TRUE OR FALSE: For unionized workplaces, disputes are heard by arbitrators under the collective agreement’s grievance procedure.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

It is part of Canada’s constitution and only applies to government actions.

A

Canadian Charter of Rights and Freedoms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

TRUE OR FALSE: The Charter of Rights and Freedoms applies even without the involvement of government action.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

2 clauses which rights are subject to.

A

1) Reasonable limits clause
2) Notwithstanding clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

2 tests of equality.

A

1) If it relates to a prohibited ground
2) if it perpetuates a historical disadvantage or stereotype

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

5 key social areas that is covered by Ontario’s Human Rights Code.

A

1) Employment
2) Housing
3) Contracts
4) Goods and services
5) Vocational associations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What is not included in the prohibited grounds?

A

Union affiliation, economic status, political convictions, physical appearance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

A prohibited ground that is not a defined ground but can often be related to other grounds such as color or ethnic origin.

A

Race

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

A prohibited ground that refers to skin color.

A

Color

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

A prohibited ground referring to family descent and is closely related to place of origin.

A

Ancestry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

A prohibited ground referring to a country or region of birth.

A

Place of origin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

A prohibited ground that has a more cultural component than ancestry.

A

Ethnic origin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

A prohibited ground referring to discrimination on the basis of permanent residency, refugee, or temporary residency.

A

Citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

A prohibited ground referring to religion or faith, or lack thereof.

A

Creed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

A prohibited ground referring to male, female, and pregnancy.

A

Sex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

A prohibited ground referring to a person’s sexuality and includes lesbian, gay, bisexual, and heterosexual people.

A

Sexual orientation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

A prohibited ground referring to a person’s intrinsic sense of self, especially with respect to their sense of being a woman, a man, both, neither, or falling anywhere along the gender spectrum.

A

Gender identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

A prohibited ground referring to how a person publicly represents their gender. This includes a person’s behaviour and outward appearance, such as dress, hair, body language, and voice.

A

Gender expression

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

A prohibited ground referring to employees 18 years and older.

A

Age - someone under 18 cannot make an
age-based application related to employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

A prohibited ground referring to provincial offences or pardoned federal offences.

A

Record of offences - it is legal to discriminate on the basis of a criminal offence for which no pardon has been obtained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

A prohibited ground referring to a person’s being married, single, widowed, divorced, separated, or living in a common law relationship.

A

Marital status

60
Q

A prohibited ground referring to the status of being in a parent and child relationship including adopted children, stepchildren, and foster children.

A

Family status

61
Q

A prohibited ground referring to physical/mental disabilities, substance dependency/abuse, and any WSIB claims.

A

Disability

62
Q

Occurs when an individual is being discriminated against because of her relationship with people identified by a prohibited ground.

A

Discrimination because of association

63
Q

Occurs when an employer who retaliates against someone for asserting his rights or for refusing to discriminate against another person on the basis of a prohibited ground.

A

Discrimination through reprisal

64
Q

TRUE OR FALSE: “Are you 18 years of age or
older?” is an acceptable interview question.

A

True

65
Q

TRUE OR FALSE: “What is your relationship with the person to be notified in
case of emergency?” is an acceptable interview question.

A

False

66
Q

2 types of discrimination

A

1) Direct discrimination (intentional)
2) Indirect discrimination (adverse impact or constructive)

67
Q

3 tests of prima facie discrimination

A

1) Is it covered by a protected ground?
2) Did the person experience a negative result?
3) Were the two connected?

68
Q

Employers’ obligation to accommodate individuals who are denied a benefit or suffer a detriment based on a prohibited ground of discrimination.

A

Duty to Accommodate

69
Q

TRUE OR FALSE: Obligation to accommodate is up to the point of undue hardship based on costs and health and safety concerns.

A

True

70
Q

A reasonably necessary qualification or requirement imposed in a sincere belief that it is related to job performance.

A

Bona Fide Occupational Requirement (BFOR)

71
Q

3 requirements of BFOR

A

Meiorin Test:
1) Rationally connected to the job
2) Adopted in an honest belief that the requirement is necessary to satisfy a legitimate business purpose
3) Reasonably necessary to accomplish that purpose

72
Q

TRUE OR FALSE: Human Rights requirements must be considered during recruitment.

A

False - even before recruitment begins

73
Q

TRUE OR FALSE: The Ontario Human Rights Code applies to both the private and the public sector and to the conduct of individuals.

A

True

74
Q

If a job duty or requirement touches on a disability, it can only be considered if it is _______.

A

Essential

75
Q

A non-profit social, religious, or other organization that serves the interests of a group that is protected under the Human Rights Code.

A

Special Service Organization

76
Q

Often the first step in the hiring process and its objective is to obtain the best candidate in relation to knowledge, skills, abilities, and behavior.

A

Advertising

77
Q

TRUE OR FALSE: The employer may broaden questions asked to cover allowed “exceptions” such as citizenship for a top executive.

A

True

78
Q

It is when the position is offered but subject to certain conditions. Until those conditions have been met, no employment contract exists.

A

Conditional offer

79
Q

5 statutory exemptions

A

1) Special Service Organizations
2) Bona Fide Occupational Requirement
3) Nepotism Policies
4) Medical or Personal Attendants
5) Special (Affirmative Action) Programs

80
Q

An exemption that allow the employer to discriminate either in favor of or against specified close relatives of employees.

A

Nepotism Policy

81
Q

An exemption where a person may refuse to employ someone on the basis of any of the prohibited grounds where the primary duty of the job is attending to the medical or personal needs of the person or to those of an ill child or an aged, infirm, or ill spouse, same-sex partner, or relative of the person.

A

Medical or Personal Attendants

82
Q

An exemption where an employer may implement a special program to relieve or promote the status of disadvantaged groups or persons to help them achieve equal opportunity.

A

Special (Affirmative Action) Programs

83
Q

4 ways to limit the potential for human rights problems arising from interview.

A

1) Accommodate disabilities
2) Have a standard set of questions
3) Use interview teams
4) Beware of prohibited grounds

84
Q

7 areas of Common Law liability

A

1) Misrepresentation by job candidates
2) Negligent misrepresentation
3) Inducement: agressive recruiting
4) Restrictive covenant
5) Anticipatory breach of contract
6) Inducing breach of contract
7) Background checking: negligent hiring

85
Q

A clause on a job application form that states that the information provided is true and complete to the applicant’s knowledge.

A

Attestation clause

86
Q

Occur when an employee is lured from her current position through aggressive recruiting or inflated promises.

A

Inducement/allurement/enticement

87
Q

A promise not to engage in certain types of activities during or after employment—that might affect her ability to perform the new job.

A

Restrictive covenant

88
Q

Seen as a “restraint of trade” and are enforceable only if they are reasonable in the circumstances.

A

Restrictive covenant

89
Q

This clause states that the signed contract constitutes the entire agreement between the parties. Previous conversations, negotiations, and promises that may have been made during the hiring process are not binding on either party.

A

Entire agreement clause

90
Q

This clause provides that if a court invalidates part of the employment contract, it will not affect the validity of the remainder of the agreement. An unenforceable clause will simply be severed from the rest of the agreement.

A

Severability clause

91
Q

Protects employer confidential information from disclosure during or after employment.

A

Non-disclosure clause

92
Q

Promise not to solicit clients or even fellow employees if you leave employment.

A

Non-solicitation clause

93
Q

Promise not to compete with former employer within certain time period and geographic area.

A

Non-competition clause

94
Q

Occurs when one party rejects the employment contract—through either its statements or its conduct—after the offer of employment is accepted but before employment begins.

A

Anticipatory breach of contract

95
Q

To be successful in an action for anticipatory breach of contract, the hired employee
must show that:

A

1) An offer of employment was made
2) The offer was accepted
3) The contract was then repudiated by the employer
4) The employee suffered damages as a result

96
Q

Occurs where a third party induces the breach of an existing contract between two other parties.

A

Inducing breach of contract

97
Q

4 tests to prove inducing breach of contract.

A

1) Had a valid and enforceable contract with the employee
2) The new employer knew of the existence of the contract
3) The new employer intended to procure a breach of this contract
4) Former employer suffered damages

98
Q

Material or suggests untrustworthiness and may justify dismissal later on.

A

Misrepresentation by job candidate

99
Q

Occurs where employee suffers losses because of employer’s careless, false, misleading statements during the hiring process.

A

Negligent misrepresentation

100
Q

Occurs where a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth by the employer.

A

Fraudulent misrepresentation

101
Q

Failing to take reasonable care in the hiring process that results in foreseeable injury to a third party.

A

Negligent hiring

102
Q

The level of diligence one is expected to exercise.

A

Standard of care

103
Q

5 employee categories.

A

1) Permanent full-time employees
2) Permanent part-time employees
3) Temporary employees / contract workers
4) Casual employees
5) Agency employees or temps

104
Q

These employees are hired for an indefinite period—that is, with no predetermined end to the employment relationship—and usually work 35 to 40 hours per week.

A

Permanent full-time employees

105
Q

These employees are hired for an indefinite period to work less than full-time hours

A

Permanent part-time employees

106
Q

These employees work either full-time or part-time, but they are hired for a specific period or task rather than for an indefinite period like permanent employees.

A

Temporary employees / contract workers

107
Q

These employees form a special category of temporary employees and work intermittently as work is offered.

A

Casual employees

108
Q

These employees work for an employment agency at various places as arranged by the agency.

A

Agency employees or temps

109
Q

A self-employed worker engaged by a principal to perform specific work.

A

Individual contractor

110
Q

The party who contracts for the services of an independent contractor; the party who can be bound by its agent.

A

Principal

111
Q

6 tests for independent contractor.

A

1) Degree of control
2) Ownership of tools
3) Risk of loss
4) Permanence
5) Exclusivity
6) Degree of integration

112
Q

Individual who work for one organization exclusively may be entitled to wrongful dismissal damages.

A

Dependent contractor

113
Q

Something of value given or promised in exchange.

A

Consideration

114
Q

If the employee is being asked to agree to something new, the employer must offer something new in exchange.

A

Doctrine of Consideration

115
Q

3 advantages of written employment contract

A

1) Reduces risk of misunderstanding
2) Addresses contentious issues early
3) Reduces uncertainty

116
Q

Where the parties to a contract did not address a particular issue, the courts may deem certain contractual provisions to be part of the agreement.

A

Implied terms

117
Q

3 elements of a binding contract.

A

1) Offer
2) Acceptance
3) Consideration

118
Q

5 grounds for challenging enforceability of a contract term.

A

1) Lack of consideration
2) Unequal bargaining power
3) Obsolescence
4) Ambiguity
5) Failure to match statutory minimums

119
Q

A doctrine for interpreting contracts; where the terms of a contract can bear two or more meanings, the ambiguity is interpreted against the party who drafted it.

A

Contra Proferentem

120
Q

3 sources of contract terms.

A

1) Express terms
2) Implied terms
3) Ancillary terms

121
Q

Terms that are expressly agreed to by the parties and usually written into a contract.

A

Express terms

122
Q

3 types of implied terms.

A

1) Filling in gaps
2) Statutory minimum
3) Implied by law

123
Q

Terms not specifically agreed to but that are “read into”the contract by judges by deciding what the parties would have agreed to had they put their mind to it. Based on “presumed” intent.

A

Filling in gaps

124
Q

Parties cannot agree to go below this.

A

Statutory minimum

125
Q

Courts have developed a set of standard implied terms that reflect what they perceive the parties’ rights and obligations out to be unless expressly stated otherwise in the agreement.

A

Implied by law

126
Q

Terms found in secondary documents such as handbooks, manuals, rules, benefit plans and may be considered part of the contract.

A

Ancillary terms

127
Q

TRUE OR FALSE: An employee handbook is an example of implied terms.

A

False - it is part of ancillary terms

128
Q

A period of time at the beginning of the employment relationship during which they may dismiss an employee without being obliged to provide reasonable notice under the common law.

A

Probationary period

129
Q

TRUE OR FALSE: There is no obligation to provide for future pay increases in the contract.

A

True

130
Q

TRUE OR FALSE: Probationary period is an implied term under the common law.

A

False - probationary period is NOT an implied term

131
Q

TRUE OR FALSE: “Are you 18 years of age or
older?” is an acceptable interview question.

A

True

132
Q

The requirement that employers adjust employment practices or rules to avoid discrimination.

A

The duty to accommodate

133
Q

TRUE OR FALSE: Accommodation must be individualized and must respect the individual’s dignity and integration.

A

True

134
Q

2 parts of the duty to accommodate.

A

1) Procedural part
2) Substantive part

135
Q

Where the employer is required to conduct a proper assessment and investigate accommodation options.

A

Procedural part of DTA

136
Q

Where the employer must accommodate or prove that accommodation would constitute undue hardship.

A

Substantive part of DTA

137
Q

4-part test of Johnstone.

A

1) The child is under the employee’s care and supervision
2) The employee’s obligation reflects a legal responsibility
3) The employee has already made reasonable efforts to meet those obligations
4) Interference with those obligations is substantial

138
Q

9 employer obligations in accommodation process.

A

1) Have a consistent process in accommodating
2) Accept requests in good faith
3) Deal with requests as soon as possible
4) Assess each situation on its own merits
5) Have open communication with employee
6) Only ask for necessary info for accommodation
7) Fully document all correspondence
8) Cover the costs of accommodation
9) Maximize confidentiality

139
Q

TRUE OR FALSE: Random alcohol testing could be conducted anytime at the employer’s discretion.

A

False - only if workplace is inherently dangerous and there are enhanced safety risks

140
Q

Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

A

Harassment

141
Q

A type of harassment where the workplace feels hostile because of continuous insulting or degrading comments or actions.

A

Poisoned work environment

142
Q

Occurs where harassment is based on sex, sexual orientation, gender identity, or gender expression. It also includes solicitation or coercion by a person in a position of authority.

A

Sexual harassment

143
Q

Advances made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.

A

Sexual solicitation

144
Q

TRUE OR FALSE: The test of harassment is whether a reasonable person would find the conduct offensive.

A

True

145
Q

If an employer notices a deterioration in performance or some other indicator of an underlying issue, an employer must take the initiative where a problem is apparent.

A

Duty to inquire

146
Q

It means a pattern of behaviour; therefore, usually—but not always—more than one incident is involved.

A

Course of conduct

EMPLOYMENT LAW (2 decks)

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