Outcome # 1 Flashcards

1
Q

3 regimes of employment law

A
  1. Common law
  2. Statutory regulation
  3. Collective and arbitration Law
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2
Q
  1. Common law of employment
A

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

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3
Q

implied contract terms

A

Terms judges read into employment
contracts when the written contract
does not expressly deal with the
matter

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4
Q
  1. Statutory regulation
A

wide range of legislation in Canada that addresses aspects of the employment relationship.

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5
Q
  1. Collective and arbitration Law
A

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

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6
Q

Labour arbitrator

A

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

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7
Q

constructive dismissal

A

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

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8
Q

reasons terminate employee contract

A

Provide the amount of notice acc. contract.

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9
Q

Factors in assessing notice

A

the length of service with the employer and

the nature of the job performed by the employee

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10
Q

Summary dismissal

A

When a nonunion employer terminates an employee without notice because the employee has committed a serious breach of the contract

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11
Q

Wrongful dismissal

A

an employee believes he or she should have received more notice than that provided,

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12
Q

Statutory rights

A

Legal entitlements that derive from government legislation

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13
Q

Layoff employee union

A

right for economic reasons

Hr manager records employee misbehaviors

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