IDRL320 FINAL EXAM COMPLETE
QUESTIONS AND 100% CORRECT
ANSWERS
\.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.
\.Constructive dismissal - ANSWERS✔-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 - ANSWERS✔-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 - ANSWERS✔-A requirement in both the common law and
collective bargaining law regimes for employers to warn employees that their
QUESTIONS AND 100% CORRECT
ANSWERS
\.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.
\.Constructive dismissal - ANSWERS✔-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 - ANSWERS✔-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 - ANSWERS✔-A requirement in both the common law and
collective bargaining law regimes for employers to warn employees that their
