Module 3-4

Question 1

What is an attestation clause?

Answer 1

A clause on a job application form that states that the info provided is true and complete to the applicant’s knowledge and that a false statement may disqualify the applicant from employment or be grounds for dismissal.

Question 2

Define negligent misrepresentation.

Answer 2

Failing to take reasonable care in providing information that results in foreseeable injury to a third party.

Question 3

What is a law intended to right a societal wrong and provide a remedy, rather than to punish an offender?

Answer 3

Remedial legislation.

Question 4

What are the 7 key features of the code?

Answer 4

1. Applies to both private and public sector and to the conduct of individuals.
2. Discrimination is prohibited on 16 grounds, as well as sexual harassment, etc.
3. Intention doesn’t matter.
4. It can’t be contracted out of.
5. Provides for civil remedies only.
6. Quasi-constitutional.
7. Applies to every stage of the employment relationship.

Question 5

What are the five areas of social activity the Code provides for?

Answer 5

1. Services, goods, and facilities
2. Accommodation
3. Contracts
4. Employment
5. Membership in vocational association and trade unions

Question 6

What is a special service organization?

Answer 6

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

Question 7

What means “on the face of it”?

Answer 7

Prima facie

Question 8

Describe “balance of probabilities”.

Answer 8

The degree of proof required in civil law cases wherein a proposition is established as fact if it is shown that the proposition is more likely than not to be true.