Outcome # 1 Flashcards
3 regimes of employment law
- Common law
- Statutory regulation
- Collective and arbitration Law
- Common law of employment
The body of case law in which courts interpret employment contracts and the legal principles are taken from those cases that guide the interpretation of
employment contracts
implied contract terms
Terms judges read into employment
contracts when the written contract
does not expressly deal with the
matter
- Statutory regulation
wide range of legislation in Canada that addresses aspects of the employment relationship.
- Collective and arbitration Law
An employment contract between an employer and a union that sets out the terms of employment of a group of the employer’s employees represented by
the union
Labour arbitrator
A person assigned to interpret and decide disputes (“grievances”) about the meaning, interpretation, and
application of a collective agreement governing employees in a unionized workplace
constructive dismissal
When an employer commits a fundamental breach of the contract, such as by unilaterally changing a key
term of the contract, the employee can
treat the breach as a termination
reasons terminate employee contract
Provide the amount of notice acc. contract.
Factors in assessing notice
the length of service with the employer and
the nature of the job performed by the employee
Summary dismissal
When a nonunion employer terminates an employee without notice because the employee has committed a serious breach of the contract
Wrongful dismissal
an employee believes he or she should have received more notice than that provided,
Statutory rights
Legal entitlements that derive from government legislation
Layoff employee union
right for economic reasons
Hr manager records employee misbehaviors