3 legal regimes in Canada
1. common law
2. regulatory standard
3. collective bargaining
Stare decisis
standing by your previous decision
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Binding Precedent...
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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