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EMPR 210 - Final Exam with complete solutions
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  • EMPR 210

3 legal regimes in Canada 1. common law 2. regulatory standard 3. collective bargaining Stare decisis standing by your previous decision Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:01 / 0:15 Full screen Brainpower Read More Binding Precedent...

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  • August 29, 2024
  • 26
  • 2023/2024
  • Exam (elaborations)
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  • empr 210 final exam with complete solutions

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EMPR 210 - Final Exam with complete
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3 legal regimes in Canada - ANSWER-1. common law
2. regulatory standard
3. collective bargaining

Stare decisis - ANSWER-standing by your previous decision

Binding Precedent - ANSWER-A decision of a higher court that must be followed
by lower courts in the same hierarchy

Common Law Regime - ANSWER-- law of contract
- law of torts

Law of Contract - ANSWER-fairest outcome

Law of Tort - ANSWER-wrongdoings that are done by one party against another;
as a result of the wrongdoing, the injured person may take civil action against the
other party

Regulatory Standards Regime - ANSWER-employees may fix terms of contract

Collective Bargaining Regime - ANSWER-right to bargain in good faith

Employment - ANSWER-Having a job or career and responsibilities that go with it

Contract - ANSWER-a binding agreement between two or more persons that is
enforceable by law

Employment Contract* - ANSWER-A contract between an employer and an
employee in which the terms and conditions of employment are stated.

,Non-disclosure clauses - ANSWER-prohibits employee from disclosing info that
has damaging effects to the employer

Non-solicitation clause - ANSWER-A clause forbidding contact with the
business's customers.

Non-competition clause - ANSWER-stops employee from heading into
competitive business with the former employer

Fixed term contract - ANSWER-start & end date

Fixed-task contract - ANSWER-focused on specific task

Indefinite term contract - ANSWER-A contract for no fixed period, which can end
on giving reasonable notice

Ambiguous Terms - ANSWER-terms which are subject to more than one
interpretation

Parole Evidence Rule - ANSWER-clear terms - parties both wrote down what they
intended

Doctrine of Contra Proferentum - ANSWER-judge favour contract most favourably
to the one that did not draft the contract
- read in favour of the employee

Definitive Contracts - ANSWER-set for a period of time (specific)

Indefinitive contracts - ANSWER-not set period of time

Modification to a contract - ANSWER-employer must notify employee for a certain
period of time before choosing to reconsider/change the contract

Terminating the contract - ANSWER-2 types of notice:
- ESA
- common law

Constructive Dismissal - ANSWER-When the employer makes unilateral changes
in the employment contract that are unacceptable to the employee, even though
the employee has not been formally terminated

, Obsolete contract - ANSWER-relationship no longer reflected and court finds
contract may award common law damages even if ESA is provided in the actual
contract

Direct Discrimination - ANSWER-rule/policy singles out a person based on a
personal characteristic

Indirect Discrimination - ANSWER-policy may appear to treat everyone the same
but has an impact on some people with a specific characteristic/trait

Disability - ANSWER-substantial ongoing limits for one's activities

Sex - ANSWER-discrimination on the basis of sex extends to male or female

Objective Test - ANSWER-An objective test is a test that has right or wrong
answers and so can be marked objectively

Ethnic Origin - ANSWER-refers to people who are immigrants

Age - ANSWER-18 years or older (mandatory requirement)

Religion - ANSWER-- doesn't force people to comply with religion
- allows people to practice religion if they wish

Marital Status - ANSWER-being married, widowed, divorced, separated, or living
in common law

Family Status - ANSWER-being in a parent child relationship

Record of Offences - ANSWER-provincial offences/pardoned federal offences

Sexual orientation - ANSWER-a person's sexuality

Gender Identity - ANSWER-person's sense of self with respect to identity of being
male or female

Gender Expression - ANSWER-a person's external attributes such as behaviour
and appearance

Duty to Accomodate - ANSWER-Requirement that an employer must
accommodate the employee to the point of "undue hardship"

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