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BUS120
Chapter 12
12
Law
Undergraduate 4
11/14/2007

Additional Law Flashcards

 


 

Cards

Term
Affirmative action
Definition

In employment law and human rights, the policy of giving preference to certain traditionally disadvantaged minority groups in hiring, to offset low representation of that group.  Although technically a form of discrimination, it is protected under s. 15(2) of the Charter of Rights and Freedoms when engaged in by governments.

 

Under its _____ _____ policy, the employer is committed to hiring at least 4 percent of its workforce as coming from First Nations background; this is to reflect the proportion of First Nations persons in the general population.

Term
Independent contractor
Definition

In employment law, a person who in the performance of services for another is not considered to be an employee.  This conclusion is based on a number of criteria or tests that have been developed by common law over the years such as how much control the one requesting services has over how the work is done, whether one supplies the tools to do the job, etc.

 

As the standup comedian was considered to be an _____ _____, the hotel was not considered to be vicariously liable for the defamatory remarks he made about the plaintiff.

Term
Just cause
Definition

In employment law, justifiable grounds for an employer to dismiss a worker without having to give notice of termination.  At common law, _____ _____ for dismissal  has included a number of things including disloyalty, insubordination, incompetency, lack of punctuality, etc.

 

The court found that the employer had _____ _____ to dismiss the plaintiff in that he had persistently failed to show up on time for work over a period of several weeks.

Term
Restrictive covenant
Definition

In contract law, a term in a contract in which a party agrees to restrict herself in some way from doing something that otherwise would be legally permissible; most commonly it arises in the sale of businesses or in employment contracts.

 

The sale of the hardware business included a term that precluded the seller from starting up another hardware store within a radius of ten kilometres for a period of five years after the sale; this _____ _____ would probably be enforceable by the courts because it was reasonable.


Term
Severance pay
Definition

The amount of pay an employee dismissed without just cause is entitled to receive from his employer.  This is based upon contract between the parties; in the absence of that, the Employment Standards Act makes _____ _____ equivalent to the amount of notice of termination that a dismissed employee is entitled to (but only in situations where employment extends to 8 years).

 

The longtime employee of B.C. Hydro was entitled to _____ _____ of 15 months’ salary as that reflected his 15 years of service with the company; he was now of advanced years and his prospects of receiving similar employment for the ten remaining working years of his life were slim.

Term
Wrongful dismissal
Definition

In employment law, the termination of services of an employee without just cause, and where the employer fails to provide notice of termination or payment in lieu. 

 

The plaintiff was successful in his suit for _____ _____; the court agreed that he was terminated for what his boss considered to be employee theft, when in fact he did not steal anything.

Term
Bargaining agent
Definition

In labour law, a union that has been certified by the Labour Relations Board to represent a number of workers in a specific workplace.

 

The _____ _____ for the MacDonald’s workers in Squamish was the United Auto Makers of America.

Term
Boycott
Definition

In labour relations, a type of job action resorted to by unionized workers in a labour dispute whereby they refuse to purchase or use the products or services of their employer; in a more general sense, the refusal by other parties, including the general public, to purchase or use the products or services of that employer or business.

 

The _____ of Union Carbide by those sympathetic to its striking workers cost the company an estimated $3.5 million loss in profit in one week.

Term
Certification
Definition

In labour law, the process whereby a bargaining agent is recognized by the Labour Relations Board as the union which shall represent the workers in specified workplace.  In B.C. this can usually only occur where a majority of the workers in the bargaining unit have voted in favour of unionization.


 As a result of _____, the Transit Workers of America, Local 15, is now the union representing the employees of the bus company.

Term
Collective agreement
Definition

In labour law, the contract that is made between an employer and a certified bargaining agent (union) representing its employees governing working conditions, wages, benefits, holidays, etc.  Such agreements are subject to being renegotiated after one or two years, and their terms are governed by both the common law of contract and the Labour Relations Code.

 

The _____ _____ between the logging company and its employees’ union stipulated that all loggers employed for more than twenty years were entitled to full pension benefits.

Term
Grievance
Definition

In labour law, the process whereby a dispute between an employer and a unionized worker is resolved without either party resorting to job action in the form of strike or lockout.  The dispute is settled by an arbitrator whose decision is binding upon both employer and union for the duration of the current collective agreement.

 

When the workers were dismissed by the employer for allegedly improper conduct, the union filed a written _____ that asserted the employer had not provided them with proper guidelines with respect to the impugned behaviour.

Term
Lockout
Definition

In labour relations, a specific form of job action in which the employer in a unionized workplace prevents its workers from coming to work in a dispute after the collective agreement has expired.

 

The _____ went into effect at 12 o’clock midnight; the front gates leading to the pulp mill were locked shut and no workers were allowed to come onto the premises.

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