Midterm Review

Question 1

Possible reasons for Lawful contract termination

Answer 1

• agreement of parties
• frustration of contract
• employer terminates with “reasonable notice”
• the employer terminates for cause
• the special case of constructive dismissal
• the employee terminates with notice

Question 2

frustration of contract

Answer 2

an unforeseeable event makes the performance of the contract impossible, instantly terminates the contract
Example, death

Question 3

3 branches of governmnet

Answer 3

Executive branch
Legislative
Judicial Branch

Question 4

executive branch

Answer 4

• consists of the prime minister and his cabinet
• head of state
• the members of the executive branch are the decisions makers of parliment
• make sure laws are obeyed

Question 5

Legislative branch

Answer 5

includes the house of commons, the senate and the queen who is represented by the Governor General
-Decide what is legal
-Create laws
memebers of senate are appointed through advice of PM

Question 6

House of commons

Answer 6

• made up of members of parliament representing their riding
• where laws are formed
• made up of commoners from all over Canadas

Question 7

Judicial Branch

Answer 7

Decide if laws are constitutional
judges decide what the meaning of laws are
-resolve disputes

Question 8

Section 91 of the constitution states

Answer 8

Grants federal government jurisdiction over a variety of matters and industries which are relevant to the law of work
Section 91 also grants the federal government jurisdiction to make laws of POGG Power (for the peace, order, and good government of Canada)

Question 9

Section 91 of the constitution covers:

Answer 9

• regulation of trade and commerce
• unemployment insurance
• postal services
• military, defence and naval services
• navigation and shipping
• banking, incorporation of banks, issue of paper money
• bankruptcy and insolvency
• patents and copyrights
• criminal law

Question 10

Charter of Rights and freedoms

Answer 10

the chartercame into effect in 1982, is part of the constitution act and its purpose is to regulate governmnet action

-governmnats must consider the charter when they are proposing and drafting new laws

Question 11

Section 92 of the Constitution states

Answer 11

• Companies that operate multiple provinces are legislated by the federal government, even if companies only do it occasionally it falls under this act if it is “regular and continuous”

Question 12

statute

Answer 12

a bill passed by provincial or federal government.
a statute may grant a right to create regulations of how the law will actually function and who it will and will not cover
-regulates the conduct of people and business

Question 13

Expert administrative tribunals

Answer 13

Decision making bodies created by government statute and given responsibility for interpreting and enforcing regulations

Government statutes are enforced and administrated by an army of inspectors, investigators, mediators, expert administrative tribunals when parties cannot resolve a complaint voluntarily it may end up before an expert administrative tribunal.
-tribunals are staffed by a small army of administrators, mediators and lawyers

Question 14

Constitution act of 1867

Answer 14

defines the operations of the government of Canada. including federal structure. contracts the house of commons, the senate, justice of peace and tax system.

Question 15

protection from discrimination by government

Answer 15

if a law is discriminatory, the government has to prove it is reasonable and demonstrate this using the Oakes test. if it is not reasonable the law may be stuck down

Question 16

example of protection of the charter

Answer 16

• human rights act: covers freedom of religion, freedom of expression, freedom of association
• fundamental freedoms
• mobility rights
• equality rights
• freedom of association

Question 17

limitations of the charter

Answer 17

section 33, if the law is struck down with the notwithstanding clause: it allows governments temporaily oride certain charter rights.

Question 18

paramouncy

Answer 18

where there is a concurrent federal and provincial law. provincial governmnet will be stuck down

Question 19

most admistrative boards are monitored through

Answer 19

adminstration boardssuhc as 
-employmnet standards board
-alberta labour boards
-human rights board
appealing these boards is very diffucult

Question 20

juristiction

Answer 20

which governmnet had power the makelaws (Federal/provincial)

Question 21

concurrent juristoction

Answer 21

where 2 or more courts have juristiction over a specific case

Question 22

common law

Answer 22

-precendt based courts

judge made laws inherited drom england

Question 23

civil lawsuite

Answer 23

court based process where person A can seek to hold person B liable for spme type of harm or wrongful act

Question 24

limitation period

Answer 24

the amount of timne before a drop dead date in a period to seak legal action

Question 25

mutual consideration

Answer 25

something of value to noth parties

Question 26

parole evidence

Answer 26

introdcution of prior evidence during previous negotiations or agreemnets that contractidct contractual terms

Question 27

procedural law

Answer 27

law of how to do someting -the procedures that must be followed example, how to file a compolaint

Question 28

substansive law

Answer 28

covers rights and obligations

Question 29

definaition of an employee

Answer 29

worker who must comply to subordination, suject to rules and entitlemets set out in a contract that declares the exchange of labour for payment

Question 30

definition of independent contractor

Answer 30

worker who is in business for himself

Question 31

reasons hwy its imporant to know the difference between an employee and independant contractor

Answer 31

- vicarious libaility - occupational health and safty - employmnet standards - duties of the employer under the acts

Question 32

tests used by courts to determine whether the wokrer is an indepednat contractor or employee

Answer 32

the fourfold test ``` this includes: ownership of tools test control test risk of loss chance of profit test ```

Question 33

tools test

Answer 33

were the tools supplied by the employer or independat contractor

Question 34

risk of loss and chance of profi

Answer 34

does the woorker have financial investmnets in the work?

Question 35

employmnet contracts rules of interpretation

Answer 35

within a written agreemnet the court must stay within the 4 corners of the contract , no parole evidence can be used

Question 36

issues that effect enforcibility of a contract

Answer 36

- lack of cpacity - objective test- intent to enter - lack of mutual consideration - no acceptance

Question 37

ambiguity in contract

Answer 37

when there is ambigouity in a contract the courts hold favour to the party who didnt write the contract the employee gets the benefit in employmnet contracts

Question 38

restrictive covenants include

Answer 38

non solicitation non competition fiduciary duty non disclosure

Question 39

non disclosure clause

Answer 39

A Non-Disclosure Agreement, or NDA, is a contract that protects someone's private and proprietary information from being shared with anyone who should not have access it.

Question 40

non competititon clause

Answer 40

prevents a worker from working in the same industry as a competitor with the employer

Question 41

fiduciary duty

Answer 41

level of trust between the employer and the employee. | example, you are not to take anything from the employer and use it for your own benefit

Question 42

duty to accomidate

Answer 42

legal requirmnet in human righst law to take steps to remove discrimatory barriers to employmnet -altering scheduels, rules, work patterns

Question 43

due diligence

Answer 43

reasonable steps taken to prevent/satisfy legal requirmnets

Question 44

bonafide occupational requirments

Answer 44

a defence that permits discrimation based on honest restrictions that is required for legit business reasons -moiren case of the female firefighter that did not meet physicial requiremnets

Question 45

bonafide occupational requiremnts 3 part test

Answer 45

1. the employer adopted the standard for a purpose 2. the employer adopted the standards in a honest and good faith belief 3. the tandard is a reasonable necessary and cannot addapt without undue hardship to the employer

Question 46

employmnet equity

Answer 46

redress historical discriminatino giving preference in hiring to women, visible minorities, aboriginals, people with disabilities

Question 47

employmnet equity

Answer 47

redress historical discriminatino giving preference in hiring to women, visible minorities, aboriginals, people with disabilities

Question 48

employmnet standards act

Answer 48

-sets the standards for minimum wages, hours of work, time off and righst of employees child wokrers and maternity leave contains minimum floor standards for workplaces

Question 49

occupational health and safety

Answer 49

rules and standards for health, safety and wellness in wokrplaces enforced through inspections, investigations applies to all workers not just employees requires employers to do everything they possibly can to protect the health and saftey of employers

Question 50

human rights act

Answer 50

prohibits discrimination on grounds of race, gender, sex, religion , gender expression, age , disability etc. ensures equal opportunity to victims of discrimination

Question 51

human rights act

Answer 51

prohibits discrimination on grounds of race, gender, sex, religion , gender expression, age , disability etc. ensures equal opportunity to victims of discrimination

Question 52

labour relations code

Answer 52

The Code outlines the rights and responsibilities of employers, trade unions and employees in labour relations. In Alberta, the Code guarantees that employees have the right to collective bargaining with employers -allegations of unfair labour are investigated

Question 53

workers comp

Answer 53

Workers' compensation is a liability and disability insurance system under the Alberta Workers' Compensation Act.

Question 54

non-disclosure

Answer 54

prevents a former employee from disclosing information that has proprietary value to the employer

Question 55

restrictive covenenat

Answer 55

a contract term that restricts the right of a former employee to engage in certain competitive practices against his or her former employee

Question 56

ancillary documents

Answer 56

written materials that are physically seperate from an employee contrcat but that inlcude to the employmnet relationship example, handbooks, brochure, human resource policy manuals

Question 57

the right to refuse dangerous work is under which act

Answer 57

occupational health and safety act

Question 58

the Supreme Court has created a two step process to analyze charter challenges

Answer 58

1. has governmnet infringed a chaste right of freedom? | 2. if an infringement exist, is it justified in a free and democratic society

Question 59

What Rights and Freedoms in the Charter Are Important to the Law of Work

Answer 59

The sections of the Charter that are most important to the law of work•Guarantee of rights and freedoms •Fundamental freedoms •Mobility rights •Equality rights

Question 60

what does the charter govern

Answer 60

The Charter applies only to government action•Its purpose is to regulate the relationship between governments and citizens•Governments act by: 1. Enacting and administering laws and regulations 2. Acting in the capacity of the employer of their own employees

Question 61

The Charter and the regulatory standards regime

Answer 61

The Charter and the regulatory standards regime•Section 15, the equality rights provision, states that “[e]very individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination

Question 62

the Oakes test

Answer 62

applies to the charter judges the benefit of the violation on society 2 part test 1. pressing and substancial concern test -must relate to a pressing and substance concern and must prove the actions were taken to address a public concern 2. proportionality test does this violation outweigh the harm of having his or her charter violated

Question 63

not withstanding clause

Answer 63

basically an override of rights in the charter | ex, Doug Ford slashing seats before election

Question 64

notwithstanding word definition

Answer 64

regardless

Question 65

who does the charter of rights and freedoms govern?

Answer 65

charter only applies to gov. actin and regulates the relationship between government and citizen not between private companies and private citizens

Question 66

purpose of the charter

Answer 66

regulate government action The Charter restrains government in terms of the regulation of work and influences the development of the common law regime and the regulatory standards regime

Question 67

challenges of the charter

Answer 67

1. has government infringed on rights and freedoms? | 2. if yes, is it justified in a free and democratic society?

Question 68

what rights and freedoms are important to the law of work?

Answer 68

guarantee of rights and freedoms right of association mobility rights fundamental freedoms

Question 69

regulatory standards regime

Answer 69

every individual is equal in and under the law and has equal protection and equal benefit under the law

Question 70

most employmnet regulations are under

Answer 70

common law regime

Question 71

purpose of regulatory standards regime

Answer 71

The objective of the regulatory standards regime is to ensure that no workers are offered, accept, or work under conditions that are not “decent”

Question 72

employees that fall under federal government employees

Answer 72

Employees of the federal government2.Employed by an employer that operates in an industry that is specifically assigned to federal jurisdiction by the Constitution3.Employed by a company whose ordinary business is to provide a “vital” or “integral” service to a federally regulated business

Question 73

constructive dismissal

Answer 73

when the employee quits based on the employer creating a hostile wokr enviroment may sue for breach of contract

Question 74

summary dismissal

Answer 74

when an employee is fired without notice due to just cause

Question 75

at will employee

Answer 75

a term in the US labour law within a contract that states the employer can be fired at any time, without just cause and without warning

Question 76

alberta standards legislation

Answer 76

minimum wage 15$ Employees must work for one year before they’re entitled to vacation time 2 weeks with pay after each of the first 4 years of employment An employee may work a maximum of 12-hours a day unless an exception occurs. Employees are entitled to at least 30 minutes of rest (break) during every 5-hour work period. Employees are entitled to at least one day of rest each workweek.