Unit 10 - Chapter 20

Question 1

What is an employment relationship?

Answer 1

contractual relationship whereby an employer provides remuneration (money for work or service) to an employee in exchange for work or services

Question 2

independent contractor

Answer 2

person who is in a working relationship that does not meet the criteria of employment (e.g. subcontractor)

Question 3

what is negligent hiring

Answer 3

when an employer is liable for being careless in hiring an employee who commits a wrong

Question 4

adverse effects discrimination

Answer 4

discrimination as a result of a rule that appears neutral but in its effects is discriminatory

Question 5

systematic discrimination

Answer 5

discrimination that results from the combined effects of many rules, practices and policies

Question 6

what is bona fide occupational requirement (BFOR)

Answer 6

defense that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason (e.g. requiring a truck driver to have a driver’s license)

Question 7

duty to accomodate

Answer 7

duty of an employer to modify work rules, practices, and requirements to meet the needs of individuals who would other wise be subjected to unlawful discrimination

Question 8

Discrimination can result in a complaint to the _______

Answer 8

Human Rights Commission

• -> board of inquiry investigates complaints
• -> if valid, board can order the employee to stop its practices, hire a particular individual, pay monetary compensation, etc.

Question 9

_____ ____ Act requires employers to take positive steps to make the workplace more equitable

Answer 9

Employment Equity Act
–> targets the under-representation of women, Aboriginal peoples, people with disabilities, and visible minorities in the workplace

Question 10

Employment contracts do not have to be in ____ to be enforceable

Answer 10

writing

• -> must be reasonably certain to constitute an “offer” in law
• -> once made, offer is capable of acceptance until it is terminated

Question 11

Employment Standards Legislation are laws that specify ______ ______ in the workplace

Answer 11

minimum standards

–> all provinces, territories as well as federal gov’t have employment standards legislation

Question 12

Workers’ Compensation Legislation is designed to address ___ and ___ in the workplace

Answer 12

accidents and injuries

• -> provides for a type of no-fault insurance
• -> employers are required to pay into the fund
• -> workers have job-related injuries, accidents, or illnesses are compensated

Question 13

What is pay equity?

Answer 13

provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work

Question 14

For drug and alcohol testing, a company needs to show that the policy is a ____________

Answer 14

bona fide occupational requirement

–> everyone must do it/have it done

Question 15

privacy legislation regulates the collection and use of ____ information held by the organizations

Answer 15

personal

Question 16

_____ of employees with video cameras or CCTV is sometimes used to prevent, detect, or investigate fraud, theft and harassment

Answer 16

surveillance

Question 17

The _____ Code provides that it is an offence to intercept a private communication

Answer 17

Criminal

-> communication is private if the parties have an expectation that it will not be intercepted

Question 18

Unions use what is referred to as _____ ____ agreements which are contracts that apply to all employees in the bargaining unit, regardless of having voted or not

Answer 18

collective bargaining

–> union and employer bargain in good faith

Question 19

Collective bargaining is a mechanism by which parties enter a ___ _____ or contract

Answer 19

collective agreement
–> employment agreement reached between the union and employer setting out the bargaining unit employees’ terms and conditions of employment