Supplemental Definitions for mid term 1 Flashcards
What is Quantum Meruit?
A Latin term meaning ‘as much as he deserves.’ It refers to compensation awarded for the reasonable value of services provided when no contract exists or a contract is unenforceable.
What is Reasonable Notice?
The amount of notice or compensation an employer must provide an employee upon termination, based on factors like length of service, age, and role.
What is Frustration of Contract?
A legal principle where an unforeseen event renders performance of the contract impossible, releasing both parties from obligations.
What is Summary Dismissal?
The immediate termination of employment without notice due to serious misconduct by the employee.
What are Restrictive Covenants?
Contract clauses that limit a former employee’s actions, such as non-compete, non-solicitation, or non-disclosure agreements.
What is Contra Proferentem?
A rule of contract interpretation where ambiguities are resolved in favor of the party that did not draft the contract.
What is the Doctrine of Changed Substratum?
A legal doctrine that invalidates termination clauses in long-term contracts when the employee’s role changes significantly over time.
What are the Bardal Factors?
Criteria used to determine reasonable notice, including length of service, age, type of employment, availability of similar employment, and economic conditions.
What is Progressive Discipline?
A process where an employer provides warnings and opportunities for improvement before taking disciplinary action, including termination.
What is Constructive Dismissal?
Occurs when an employer unilaterally makes significant changes to an employee’s job, effectively forcing them to resign.
What is a Non-Compete Clause?
A restrictive covenant that prevents an employee from working for a competitor or starting a competing business for a specified time and geographic area after leaving employment.
What is a Non-Solicitation Clause?
A restrictive covenant that prohibits a former employee from soliciting the employer’s customers or employees after leaving the company.
What is a Non-Disclosure Agreement (NDA)?
A legal contract preventing an employee from sharing confidential or proprietary information of the employer with others.
What is Insubordination?
Willful disobedience of a lawful and reasonable order given by an employer.
What is Inducement?
When an employer persuades an employee to leave a secure job by offering assurances of stability, potentially increasing notice periods upon termination.
What is Harassment?
Unwelcome behavior that creates a hostile work environment, including physical, verbal, or visual conduct that demeans or intimidates.
What is Off-Duty Conduct?
Employee behavior outside of work that can affect the employer’s reputation or legitimate business interests.
What is Employment Standards Legislation?
Laws setting minimum requirements for wages, notice periods, leave entitlements, and other employment conditions.
What is Condonation?
When an employer becomes aware of employee misconduct but does not act on it, potentially losing the right to discipline or dismiss the employee for that behavior.
What is the Proportionality Test in Summary Dismissal?
A test to determine whether the employee’s breach of contract is serious enough to justify immediate dismissal without notice.
