Module 6: Employment Law

Question 1

employment relationship

Answer 1

a contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services

Question 2

independent contractor

Answer 2

a person who is in a working relationship that does not meet the criteria of employment

Question 3

dependent contractor

Answer 3

a person who is an independent contractor but has a relationship of economic dependency with the employer as a result of working exclusively or nearly exclusively for the employer for a long period

Question 4

Human rights commission

Answer 4

an administrative body that oversees the implementation and enforcement of human rights legislation

Question 5

adverse effects discrimination

Answer 5

discrimination that occurs as a result of a rule that appears neutral but in its effects is discriminatory

Question 6

systemic discrimination

Answer 6

discrimination that results from the combined effects of many rules, practices, and policies

Question 7

bona fide occupational requirement (BFOR)

Answer 7

a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason

Question 8

duty to acommodate

Answer 8

the duty of an employer to modify work rules, practices, and requirements to meet the needs of individuals who would otherwise be subjected to unlawful discrimination

Question 9

employment equity legislation

Answer 9

laws designed to improve the status of certain designated groups

Question 10

fixed-or definite- term contract

Answer 10

a contract for a specified period of time, which auto ends on the xpiry date

Question 11

indefinite-term contract

Answer 11

no fixed period, can end on giving reasonable notice

Question 12

pay equity

Answer 12

provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work

Question 13

certification

Answer 13

the process by which a union is recognized as a bargaining agent for a group of employees

Question 14

collective bargaining

Answer 14

a mechanism by which parties enter a collective agreement or contract

Question 15

collective agreement

Answer 15

the employment agreement reached between the union and employer setting out the bargaining unit employees’ terms and conditions of employment

Question 16

serious misconduct

Answer 16

intentional, harmful conduct of the employee that permits the employer to dismiss without notice

Question 17

progressive discipline policy

Answer 17

a system that follows a sequence of employee discipline from less to more severe punishment

Question 18

condonation

Answer 18

employer behaviour that indicates to the employee that misconduct is being overlooked

Question 19

habitual neglect of duty

Answer 19

persistent failure to perform employment duties

Question 20

conduct incompatible

Answer 20

personal behaviour that is irreconcilable with employment duties or prejudicial to the employer’s business

Question 21

willful disobedience

Answer 21

deliberate failure to carry out lawful and reasonable orders

Question 22

constructive dismissal

Answer 22

unilateral employer conduct that amounts toa fundamental or substantial change to an employee’s contract (employer did not say “you’re fired,” but changed contract terms without employee consent so might as well be the same thing) ; occurs only when a FUNDAMENTAL term of the contract has changed

Question 23

release

Answer 23

a written or oral statement discharging another from an existing duty

Question 24

grievance process

Answer 24

a procedure for resolving disputes contained in union contracts

Question 25

retainer

Answer 25

an advance payment requested by a professional from a client to fund services to be provided to the client

Question 26

lawyer-client privilege

Answer 26

the right of a client not to have communications between lawyer and client divulged to third parties