IDRL 320 Final Exam 2025

Arbitrator - -an independent person or body officially appointed to settle a dispute. Collective agreement - -The employment agreement reached between the union and employer setting out the bargaining unit employees' terms and conditions of employment. Common Law - -A system of judge-made rules. Common law rules can evolve as social values change. Contract of employment - -a legal agreement between employer and employee listing the rights and responsibilities of workers Dependent contractor - -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 - -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 - -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 - -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 - -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 - -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 - -Damages awarded to the innocent party that compensate for mental or psychological pain and suffering caused by the guilty party's wrongful act. IDRL 320 IDRL 320 Ancillary contract term - -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 - -An evidentiary standard of proof requiring evidence that it is more likely than not that an incident occurred Bardal factors - -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 - -damages that compensate the innocent party for the direct loss of benefits they would have earned had the contract not been violated. Constructive dismissal - -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 - -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 - -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 - -Terms of a contract that the parties have explicitly agreed to, either orally or in writing. Frustration of contract - -The termination of a contract caused by an unforeseen event that renders performance of the contract impossible. Insubordination - -A breach by an employee of the implied or expressed term of an employment contract requiring the employee to obey an employer’s orders and instructions. Principle of proportionality - -The test applied by the courts in summary dismissal cases that assesses whether the termination of an employee's contract without notice is an appropriate response to the employee's misconduct, considering all of the relevant facts Progressive Discipline - -The application in stages by employers of progressively more serious discipline to correct performance problems. Punitive Damages - -Damages ordered against a party who engages in outrageous or egregious behavior deserving of special denunciation and retribution. Summary dismissal - -Termination of an employment contract by an employer without notice to the employee in response to a serious breach of contract by the employee. Repudiation of contract - -A breach of contract that demonstrates an intention by the party to treat the contract as at an end and to no longer be bound by the contract. Unconscionability doctrine - -A contract or contract term that a court refuses to enforce because it is a result of inequality of bargaining power that was exploited by the more powerful party to obtain a contract that is substantially unfair considering community standards of commercial morality. Analogous Grounds - -Prohibited grounds of discrimination in equality legislation that are not listed in the legislation but which the courts have read into the legislation because of their similarity to the listed grounds that are protected (ex/ marital status, sexual orientation). Arises and occurs test - -The test used by WCBs to determine whether an injury is compensable. In short it is used to determine whether an injury arose from and occurred during the course of work. Bona Fide Occupational Requirement - -A defence to discrimination that an employer may use to prove that a discriminatory rule, standard, or practice was enacted for legitimate business reasons; it requires that the employer prove that it cannot accommodate the complainant's needs without causing itself undue hardship. Contributory Negligence - -Negligence of an injured party that contributes to the loss suffered or damage incurred due to the negligence of another party. Direct discrimination - -a type of discrimination; when an assumption is made about what a person can or cannot do because of a person