Employment Law Vocab

Question 1

Actions that appear to be neutral but that, intentionally or unintentionally, effectively discriminate against most members of a group

Answer 1

Adverse effect discrimination

Question 2

An alternative dispute resolution process in which the arbitrator hears from both sides and makes a final decision; more formal than negotiation and mediation

Answer 2

Arbitration

Question 3

An alternative dispute resolution in which the neutral third party, the arbitrator hears from both sides (e.g., union and management) and makes a final decision that both sides must accept

Answer 3

Binding arbitration

Question 4

A legitimate, reasonable necessity (requirement) of a job; a possible defence against unfair discrimination in hiring and other employment situations

Answer 4

Bona fide occupational requirement

Question 5

A workplace where all employees must belong to the union

Answer 5

Closed shop

Question 6

The contract resulting from collective bargaining between a union and employer

Answer 6

Collective agreement

Question 7

The termination of employment in which the employers actions (demotion, transfer, job stress) pressure the employee into resigning

Answer 7

Constructive dismissal

Question 8

The legal obligation to counter the effects of adverse effect discrimination

Answer 8

Duty to accommodate

Question 9

The principle that treatment of all employees should be based on their abilities and be fair, just, and impartial

Answer 9

Employment equity

Question 10

A formal work- related complaint made by an employee, the union, or management when it is thought that the collective agreement is not being followed

Answer 10

Grievance

Question 11

Unwelcome actions or conduct toward another (a fellow employee); workplace forms include sexual and poisoned work environment

Answer 11

Harassment

Question 12

The legal right to take action such as firing an employee

Answer 12

Just cause

Question 13

A permitted time away from work available to women before and after giving birth

Answer 13

Maternity leave

Question 14

A requiem that restrains trade or employ so as to limit competition (forbids the opening of a rival store within a specific area or preventing an employee from leaving one employer to immediately work for a rival)

Answer 14

Non-competition clause

Question 15

A workplace in which not all employees must be union members, but the union has the right to encourage all to join

Answer 15

Open shop

Question 16

A groups unwelcome actions or conduct toward one or more employees on the basis of gender, race, religion or some other characteristic

Answer 16

Poisoned work environment harassment

Question 17

Unwelcome actions or conduct toward another of a sexual nature

Answer 17

Sexual harassment

Question 18

A work stoppage or partial withdrawal of service by union members to further their contract demands

Answer 18

Strike

Question 19

A workplace in which each employee must join the union within a specific time after being hired

Answer 19

Union shop

Question 20

Organizations who purpose it is to represent and negotiate for the employees of a particular company or industry

Answer 20

Unions

Question 21

A job action in which employees meet only minimum work requirements to pressure an employer to settle a dispute in their favour

Answer 21

Work to rule

Question 22

An end of employment forced by the employer and without either just cause or reasonable notice; a cause for legal action

Answer 22

Wrongful dismissal

Question 23

The limitation of a workers employment (the restriction that a software creator working for company A not work for company B at the same time or for two years after); can make a contract void if the restraint is unreasonable

Answer 23

Restraint of an employee