Review -test #3 Flashcards
Sue for public nusince - Individual recourse
prove sunstantial damage
costly as you have to pay legal fees if lost case
nuisince suit does not need attorny general signature as ontario made environmental bill of rights
sue for private nuciense (tort law)
unreasonable or substantial damage
Noise, air quality, water quality
Negligence
act under standereds that causes damage
recall R v. Macmillian blodel
Reasonable care
- company pays for dmage
- compensation or injuction to remove nuscience
- unresoanble care hard to prove
- unreasonable tampring with ones property
- one has to prove company did not take reasonable care and had intentions to cause damage
The breaker v. ministry
tire dump in backyard causing aresnic and other harmful and toxic chemicals to sprea
Laws/regulation
Government : -restore, conserve, protec citizen: -Take part in decision making Provincial/ federal govenment -Responsible for running tests evalutating solutions Moe- Ministry of environment - provincial governemnt -econocmic and environemtn balance -department of environemnt 70' -canadian environment protection act 71' -environment protection act 99' -fines and gail time grnated
union
- wages, hours, working condition set
- lay off can results in reinstatement
- vacation, raise, promotion decided upon superiotrity
- workers strike to force employer to decide in thier favour
- union fees to use union services
non- union
- wages, hours, working condiition are negotated
- layoff cannot result in reinstatement
- vacation , promotion, raise, are up to employer to deicde
- Individual has to negotiate, no levrage ]
- no union fees
Employment standereds act
limits employee bargaining power
Ontarion health and safety act
employees have to pay premiums for saftey records
pay equity
gender does not decide the amoutn of pay
conciliation/mediation
when worker and employer cannot come to an agreement and make a collective bargaining agreement, colication is brough it to mediate
wild cat strike
worker strike during a collective agreement which they call
Lockout
when worker and employeer cannot come to agreement to make a collective abrgaining agreemeng
Union structure
Organization that helps employees negotiate terms
such as wages, hours, and workign conditions
cast union (labour worker in 1820)
industrial union (specific worker like inductry)
government union in mid 30