IDRL 320 Final Question with complete
solution 2023
Arbitrator - correct answer an independent person or body officially appointed to settle
a dispute.
collective agreement - correct answer The employment agreement reached between
the union and employer setting out the bargaining unit employees' terms and conditions
of employment.
Common Law - correct answer A system of judge-made rules. Common law rules can
evolve as social values change.
Contract of employment - correct answer a legal agreement between employer and
employee listing the rights and responsibilities of workers
dependent contractor - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer An evidentiary standard of proof requiring
evidence that it is more likely than not that an incident occurred
Bardal factors - correct answer 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 - correct answer damages that compensate the innocent
party for the direct loss of benefits they would have earned had the contract not been
violated.
Constructive dismissal - correct answer A fundamental change to an employment
contract by an employer that an employee may treat as an effective termination of the
contract.
Duty to mitigate - correct answer A legal obligation on the victim of a breach of
contract by the other party to make reasonable efforts to limit the amount of damages
suffered as a consequence of the breach.
Duty to Warn - correct answer A requirement in both the common law and collective
bargaining law regimes for employers to warn employees that their behaviour or
performance is unacceptable and to give them a reasonable opportunity to correct their
performance.
Expressed contract term - correct answer Terms of a contract that the parties have
explicitly agreed to, either orally or in writing.
frustration of contract - correct answer The termination of a contract caused by an
unforeseen event that renders performance of the contract impossible.
insubordination - correct answer A breach by an employee of the implied or expressed
term of an employment contract requiring the employee to obey an employers orders
and instructions.
Principle of proportionality - correct answer The test applied by the courts in summary
dismissal cases that assesses whether the termination of an employee's contract
solution 2023
Arbitrator - correct answer an independent person or body officially appointed to settle
a dispute.
collective agreement - correct answer The employment agreement reached between
the union and employer setting out the bargaining unit employees' terms and conditions
of employment.
Common Law - correct answer A system of judge-made rules. Common law rules can
evolve as social values change.
Contract of employment - correct answer a legal agreement between employer and
employee listing the rights and responsibilities of workers
dependent contractor - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer 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 - correct answer An evidentiary standard of proof requiring
evidence that it is more likely than not that an incident occurred
Bardal factors - correct answer 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 - correct answer damages that compensate the innocent
party for the direct loss of benefits they would have earned had the contract not been
violated.
Constructive dismissal - correct answer A fundamental change to an employment
contract by an employer that an employee may treat as an effective termination of the
contract.
Duty to mitigate - correct answer A legal obligation on the victim of a breach of
contract by the other party to make reasonable efforts to limit the amount of damages
suffered as a consequence of the breach.
Duty to Warn - correct answer A requirement in both the common law and collective
bargaining law regimes for employers to warn employees that their behaviour or
performance is unacceptable and to give them a reasonable opportunity to correct their
performance.
Expressed contract term - correct answer Terms of a contract that the parties have
explicitly agreed to, either orally or in writing.
frustration of contract - correct answer The termination of a contract caused by an
unforeseen event that renders performance of the contract impossible.
insubordination - correct answer A breach by an employee of the implied or expressed
term of an employment contract requiring the employee to obey an employers orders
and instructions.
Principle of proportionality - correct answer The test applied by the courts in summary
dismissal cases that assesses whether the termination of an employee's contract
