IDRL 320 Final Exam UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
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.
QUESTIONS AND CORRECT ANSWERS
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.
