Chapter 8 Employment Law

Question 1

Employee

Answer 1

a person who is given direction and supervision along with the resources to do the job in exchange for money for work they do below a management level

Question 2

Employer

Answer 2

a business or organization that gives direction and supervision to a person and provides the resources to do the job in exchange for money

Question 3

Independent Contractor

Answer 3

performs a service for an employer and renders an invoice or bill

Question 4

Human Rights Legislation

Answer 4

federal, provincial, and municipal legislation that is determined by the division of powers under the Charter or Rights and Freedoms

Question 5

Employment Law

Answer 5

an area of law that governs the relationship between the business and its employees

Question 6

Rand Formula

Answer 6

states that regardless of an employee’s union status, they must pay their labour union

Question 7

Employment Contract

Answer 7

an agreement outlining the specifics of an employer and employees responsibility for a period of time; can be written or verbal

Question 8

Restrictive Covenants

Answer 8

items in an employment contract that outline conditions, promises, and restrictions of the employee with regard to the business

Question 9

Dismissal

Answer 9

occurs when an employer informs an employee that they are no longer employed at their business

Question 10

Wrongful Dismissal

Answer 10

occurs when an employee does not have the basis to dismiss an employee; there is no cause for dismissal under their contract or statute of law; also called unjust dismissal

Question 11

Constructive Dismissal

Answer 11

occurs when the employee has not been fired but believes the employer has not complied with the terms of the employment contract

Question 12

Termination Pay

Answer 12

payment by the employer to the employee when an employee is fired for the time they would have been paid had they not been fired and been given notice. This happens when an employer does not give dismissal notice

Question 13

Severance Pay

Answer 13

where the employee is provided termination or separation pay based on the specific duration of their employment and they lose their job It’s most common when massive layoffs occur. It is most commonly calculated n the employee’s salary multiplied by the number of weeks/years worked up to a specified number of weeks/years.

Question 14

Union

Answer 14

a collection of employees in a trade or employment organization formed to protect and further their rights and interests through the negotiation with management and establishment of a signed contract that outline every aspect of the employment relationship for a specific duration

Question 15

Union Contract

Answer 15

a legal document between employees and management that outlines the rights, terms, conditions, and benefits that all employees of that union can expect for a specific period of time; also called a collective agreement

Question 16

Collective Bargaining

Answer 16

negotiation between a union and management to reach a union contract that outlines the rules that govern the relationship

Question 17

Strike

Answer 17

work stoppage in a unionized environment; can be a refusal to work, a slowdown of work, and various other options. A strike can be either legal or illegal

Question 18

Legal Strike

Answer 18

occurs when there is no collective agreement in effect

Question 19

illegal strike

Answer 19

occurs when there is a collective agreement and employees have no legal platform to strike

Question 20

Wildcat Strike

Answer 20

an unofficial action where employees walk out of their employment with no warning to the employer or to union officials

Question 21

Lockout

Answer 21

employers do not allow employees to enter the premises to work, usually during bargaining process

Question 22

Arbitration

Answer 22

a final resolution where both parties agree to the decision of the arbitrator. Once decided, the decision cannot be appealed; the decision of the arbitrator is final and binding

Question 23

concilliation

Answer 23

used when issues between the parties require resolution by a third party in a voluntary, flexible, and results orientated manner

Question 24

arbitrator/concilliator

Answer 24

a third party who helps resolve labour disputer between a business and he union

Question 25

Mediation

Answer 25

occurs when a third party helps to resolve issues between the parties and assists developing a solution. Not used in a union management dispute

Question 26

Binding Arbitration

Answer 26

a decision by an arbitrator or an arbitration board that is final and cannot be appealed