Module 6: Employment Law Flashcards
employment relationship
a contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services
independent contractor
a person who is in a working relationship that does not meet the criteria of employment
dependent contractor
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
Human rights commission
an administrative body that oversees the implementation and enforcement of human rights legislation
adverse effects discrimination
discrimination that occurs as a result of a rule that appears neutral but in its effects is discriminatory
systemic discrimination
discrimination that results from the combined effects of many rules, practices, and policies
bona fide occupational requirement (BFOR)
a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason
duty to acommodate
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
employment equity legislation
laws designed to improve the status of certain designated groups
fixed-or definite- term contract
a contract for a specified period of time, which auto ends on the xpiry date
indefinite-term contract
no fixed period, can end on giving reasonable notice
pay equity
provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work
certification
the process by which a union is recognized as a bargaining agent for a group of employees
collective bargaining
a mechanism by which parties enter a collective agreement or contract
collective agreement
the employment agreement reached between the union and employer setting out the bargaining unit employees’ terms and conditions of employment
serious misconduct
intentional, harmful conduct of the employee that permits the employer to dismiss without notice
progressive discipline policy
a system that follows a sequence of employee discipline from less to more severe punishment
condonation
employer behaviour that indicates to the employee that misconduct is being overlooked
habitual neglect of duty
persistent failure to perform employment duties
conduct incompatible
personal behaviour that is irreconcilable with employment duties or prejudicial to the employer’s business
willful disobedience
deliberate failure to carry out lawful and reasonable orders
constructive dismissal
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
release
a written or oral statement discharging another from an existing duty
grievance process
a procedure for resolving disputes contained in union contracts
retainer
an advance payment requested by a professional from a client to fund services to be provided to the client
lawyer-client privilege
the right of a client not to have communications between lawyer and client divulged to third parties
