IDRL 320 Final Exam Questions and
Answers15
Arbitrator - ANSWERS-an independent person or body officially appointed to settle a dispute.
collective agreement - ANSWERS-The employment agreement reached between the union and
employer setting out the bargaining unit employees' terms and conditions of employment.
Common Law - ANSWERS-A system of judge-made rules. Common law rules can evolve as social
values change.
Contract of employment - ANSWERS-a legal agreement between employer and employee listing
the rights and responsibilities of workers
dependent contractor - ANSWERS-A worker whose status falls in between that of an employee
and an independent contractor. This worker has more autonomy and independence than a
typical employee yet remains economically dependent on one customer for income and is
subject to considerable control at the hands of that customer.
Implied contract term - ANSWERS-A default contract term invented by common law judges and
read into an employment contract when the written terms of the contract (if any) do not
address the specific issue addressed by the implied term.
precarious work - ANSWERS-Work that is defined by characteristics such as job insecurity; short
job tenure; low pay; few benefits; low collective bargaining coverage; and sporadic, limited, or
unpredictable work hours.
, Standard Employment Relationship - ANSWERS-A model of employment characterized by
stable, long-term job security, full-time hours, decent benefits, and wage rates that rise steadily
over time
Wrongful dismissal - ANSWERS-A type of lawsuit by an employee against a former employer
alleging that the employer terminated their contract without complying with the implied term
in the contract requiring "reasonable notice."
At will employment contract - ANSWERS-An employment contract in which either party may
terminate the contract at any time, for any or no reason, with no notice to the other party. This
is the default model in the United States. In Canada, employment standards legislation requires
notice of termination and therefore prohibits at will contracts for employees covered by the
legislation
Aggravated damages - ANSWERS-Damages awarded to the innocent party that compensate for
mental or psychological pain and suffering caused by the guilty party's wrongful act.
Ancillary contract term - ANSWERS-Contract terms found in written materials that are physically
separate from an employment contact but that include rules that relate to the employment
relationship.
Balance of probabilities - ANSWERS-An evidentiary standard of proof requiring evidence that it
is more likely than not that an incident occurred
Bardal factors - ANSWERS-Criteria considered by Canadian courts in assessing the length of time
required by the implied obligation to provide "reasonable notice" of termination of an
employment contract. The name comes from the leading decision called Bardal v. Globe and
Mail Ltd., decided in 1960.
Compensatory Damages - ANSWERS-damages that compensate the innocent party for the direct
loss of benefits they would have earned had the contract not been violated.
Answers15
Arbitrator - ANSWERS-an independent person or body officially appointed to settle a dispute.
collective agreement - ANSWERS-The employment agreement reached between the union and
employer setting out the bargaining unit employees' terms and conditions of employment.
Common Law - ANSWERS-A system of judge-made rules. Common law rules can evolve as social
values change.
Contract of employment - ANSWERS-a legal agreement between employer and employee listing
the rights and responsibilities of workers
dependent contractor - ANSWERS-A worker whose status falls in between that of an employee
and an independent contractor. This worker has more autonomy and independence than a
typical employee yet remains economically dependent on one customer for income and is
subject to considerable control at the hands of that customer.
Implied contract term - ANSWERS-A default contract term invented by common law judges and
read into an employment contract when the written terms of the contract (if any) do not
address the specific issue addressed by the implied term.
precarious work - ANSWERS-Work that is defined by characteristics such as job insecurity; short
job tenure; low pay; few benefits; low collective bargaining coverage; and sporadic, limited, or
unpredictable work hours.
, Standard Employment Relationship - ANSWERS-A model of employment characterized by
stable, long-term job security, full-time hours, decent benefits, and wage rates that rise steadily
over time
Wrongful dismissal - ANSWERS-A type of lawsuit by an employee against a former employer
alleging that the employer terminated their contract without complying with the implied term
in the contract requiring "reasonable notice."
At will employment contract - ANSWERS-An employment contract in which either party may
terminate the contract at any time, for any or no reason, with no notice to the other party. This
is the default model in the United States. In Canada, employment standards legislation requires
notice of termination and therefore prohibits at will contracts for employees covered by the
legislation
Aggravated damages - ANSWERS-Damages awarded to the innocent party that compensate for
mental or psychological pain and suffering caused by the guilty party's wrongful act.
Ancillary contract term - ANSWERS-Contract terms found in written materials that are physically
separate from an employment contact but that include rules that relate to the employment
relationship.
Balance of probabilities - ANSWERS-An evidentiary standard of proof requiring evidence that it
is more likely than not that an incident occurred
Bardal factors - ANSWERS-Criteria considered by Canadian courts in assessing the length of time
required by the implied obligation to provide "reasonable notice" of termination of an
employment contract. The name comes from the leading decision called Bardal v. Globe and
Mail Ltd., decided in 1960.
Compensatory Damages - ANSWERS-damages that compensate the innocent party for the direct
loss of benefits they would have earned had the contract not been violated.
