Module 6: Employment Law Flashcards Preview

MOS 2275: Business Law > Module 6: Employment Law > Flashcards

Flashcards in Module 6: Employment Law Deck (26)
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1

employment relationship

a contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services

2

independent contractor

a person who is in a working relationship that does not meet the criteria of employment

3

dependent contractor

a person who is an independent contractor but has a relationship of economic dependency with the employer as a result of working exclusively or nearly exclusively for the employer for a long period

4

Human rights commission

an administrative body that oversees the implementation and enforcement of human rights legislation

5

adverse effects discrimination

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

6

systemic discrimination

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

7

bona fide occupational requirement (BFOR)

a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason

8

duty to acommodate

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

9

employment equity legislation

laws designed to improve the status of certain designated groups

10

fixed-or definite- term contract

a contract for a specified period of time, which auto ends on the xpiry date

11

indefinite-term contract

no fixed period, can end on giving reasonable notice

12

pay equity

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

13

certification

the process by which a union is recognized as a bargaining agent for a group of employees

14

collective bargaining

a mechanism by which parties enter a collective agreement or contract

15

collective agreement

the employment agreement reached between the union and employer setting out the bargaining unit employees' terms and conditions of employment

16

serious misconduct

intentional, harmful conduct of the employee that permits the employer to dismiss without notice

17

progressive discipline policy

a system that follows a sequence of employee discipline from less to more severe punishment

18

condonation

employer behaviour that indicates to the employee that misconduct is being overlooked

19

habitual neglect of duty

persistent failure to perform employment duties

20

conduct incompatible

personal behaviour that is irreconcilable with employment duties or prejudicial to the employer's business

21

willful disobedience

deliberate failure to carry out lawful and reasonable orders

22

constructive dismissal

unilateral employer conduct that amounts toa fundamental or substantial change to an employee's contract (employer did not say "you're fired," but changed contract terms without employee consent so might as well be the same thing) ; occurs only when a FUNDAMENTAL term of the contract has changed

23

release

a written or oral statement discharging another from an existing duty

24

grievance process

a procedure for resolving disputes contained in union contracts

25

retainer

an advance payment requested by a professional from a client to fund services to be provided to the client

26

lawyer-client privilege

the right of a client not to have communications between lawyer and client divulged to third parties