Step-by-Step Exam Solutions
accommodation - (answer)a human rights concept that refers to making changes that
allow a person or group protected by the Human Rights Code to participate in the
workplace; most often required with respect to disability, creed, and pregnancy; for
example, accommodating a blind employee could involve providing a voice synthesizer
on a computer
administrative agency - (answer)a body created by a statute to administer that statute;
administrative agencies are empowered to investigate complaints, make rulings, and
sometimes issue orders
administrative tribunal - (answer)a quasi-judicial authority whose rules are typically
governed by a subject-specific statute
adverse impact discrimination - (answer)unintentional discrimination that has an
adverse effect on members of certain groups (also known as constructive
discrimination)
affirmative action - (answer)a policy designed to increase the representation of groups
that have suffered discrimination
agent - (answer)a party who has the capacity to bind another party in contracting with
others
aggravated damages - (answer)damages awarded to compensate a party for non-
monetary losses intentionally or maliciously caused by the other party's conduct
agreements to vary - (answer)agreements between employers and employees to vary
from legislated minimum employment standards with respect to daily and weekly
maximum hours of work, overtime hours and pay, and vacation time
appellant - (answer)the party appealing from a previous decision of a lower court or
tribunal
application - (answer)a claim of a human rights violation
arbitrator - (answer)a person who decides disputes on the basis of evidence submitted
by the parties
attestation clause - (answer)a clause on a job application form that states that the
information provided is true and complete to the applicant's knowledge and that a false
statement may disqualify the applicant from employment or be grounds for dismissal
bad faith - (answer)improper motivation
, balance of probabilities - (answer)the degree of proof required in civil cases wherein a
proposition is established as fact if it is shown that the proposition is more likely than not
to be true
bargaining unit - (answer)a group of the employer's employees whom the trade union is
entitled to represent
binding - (answer)requiring a lower court to follow a precedent from a higher court in the
same jurisdiction (stare decisis)
bona fide - (answer)in good faith
bona fide occupational qualification (BFOQ) or requirement (BFOR) - (answer)a
reasonably necessary qualification or requirement imposed in a sincere belief that it is
related to job performance
bumping rights - (answer)on a layoff, the right of employees with great seniority to
displace more junior employees
case citation - (answer)a reference for locating a specific case that includes style of
cause (case title), year, volume number, series number (where applicable), page of the
case report in which it appears, and court
case law - (answer)law made by judges, rather than legislatures,that is usually based on
the previous decision of other judges
cause of action - (answer)the factual basis on which a legal claim can be made
certify - (answer)in a class action claim, have a civil court judge decide that there are
common issues of law or fact involved, a representative plaintiff will adequately
represent the class, and a class action is the preferred proceeding
civil law - (answer)law that relates to private,non-criminal matters, such a property law,
family law, and tort law; alternatively, law that evolved from Roman law, not English
common law, and that is used in certain jurisdictions, such as Quebec
collective agreement - (answer)a written agreement between an employer and its
employees' bargaining agent that contains the terms and conditions of employment
common law - (answer)law made by judge, rather than legislatures, that is usually
based on the previous decisions of other judges
conditional offer of employment - (answer)a job offer that is subject to certain
requirements being met