Chapter 7 - Workplace Law

Unfair Labour Practices

Actions by employers that interfere with the formation and activities of a union, including intimidation

Grievance

Dispute arising in a unionized workplace with respect to matters covered in the collective agreement

Bargaining Unit

A group of the employer's employees whom the trade union is entitled to represent

Certification

Approval by a labour relations board that gives a union the right to negotiate the right to negotiate on behalf of a bargaining unit

Ratification

Approval by union members of a collective agreement

Restrictive Covenant

Clause in an employment contract that restricts an employee's activities especially after employment ends; might prohibit an ex-employee from disclosing confidential information about the employer

Strike

Collective refusal to work by a group of unionized employees that usually occurs while an employer and a union attempt to negotiate a new collective agreement

Joint Health and Safety Committee

Committee composed of equal numbers of management and worker representatives generally required by occupational health and safety legislation

Equal Pay for Equal Work

Concept obliging employers to pay female and male employees who preform substantially the same jobs in the same workplace at the same rate, unless a legislated exception applies

Equal Pay for Work of Equal Value (Pay Equity)

Concept obliging employers to pay female-and male- dominated jobs the same date based on an assessment of job value rather than job content

Collective Agreement

Contract between a union and an employer that governs the terms and conditions of employment for union members

Sexual Harassment

Course of vexatious comment or conduct based on sex or gender that is known or ought reasonably to be known to be unwelcome

Harassment

Course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome

Due Diligence Defence

Defence to a strict liability offence requiring the accused to demonstrate that he took all reasonable steps to avoid committing a prohibited act

Undue Hardship

Difficulty beyond that which an employer is required to endure when accommodating the needs of an individual or group protected under human rights legislation

Progressive Discipline

Discipline imposed by an employer in steps that increase in severity

Wrongful Dismissal

Dismissal without just cause in which an employer breaches her/his common-law duty to provide reasonable notice to an employee

Fiduciary Employee

Employee who holds a position of trust, could significantly affect an employer's interests, and has special obligations to the employer

Unionized Employee

Employee whose terms and conditions of employment are based on a collective agreement negotiated between an employer and a union rather than on an individual contract of employment

Non-Unionized Employee

Employee whose terms and conditions of employment are based on an individual employment contract rather than a collective agreement negotiated between am employer and a union.

Right to Reinstatement

Employee's right, provided by statute in some circumstances, to return to the job; for example, an employee who is terminated for going on pregnancy leave may be reinstated by an order issued by an employment standards officer

Workplace Diversity

Employment of people from diverse backgrounds in a workplace where all feel welcome and respected

Grievance Arbitration

External process for resolving disputes that arise under the collective agreement

Constructive Dismissal

Fundamental breach by an employer of an employment contract that entitles an employee to consider herself dismissed and to sue the employer for wrongful dismissal

Accommodation

Human rights concept that refers to making changes that allow a person or group protected by human rights legislation to participate in the workplace

Condonation

Implied acceptance by an employer of the conduct of an employee by permitting the conduct to continue without warning, discipline, or corrective action

Just Cause

Justification for dismissal without notice based on an indefinite employee's conduct

WHMIS (Workplace Hazardous Materials Information System)

National information system designed to provide essential information about hazardous materials in the workplace

Discrimination

Negative or singular treatment of a person or group on the basis of a prohibited ground of discrimination under human rights legislation

Duty to Mitigate

Obligation to take all reasonable steps to lessen losses suffered

Strict Liability Offence

Offence in which proof that an accused performed the prohibited act is sufficient to sustain a conviction, regardless of intention, unless the accused demonstrates that he took all reasonable care to avoid committing the prohibited act

Conditional Offer

Offer subject to the fulfillment of one or more conditions

Severance Pay

One-time lump-sum payment made to a terminated employee in lieu of proper notice

Union

Organization of workers that negotiate wages and working conditions as a group with an employer

Pay in Lieu of Notice

Payment as a substitute for receiving adequate notice where an employee is dismissed without just cause

Reasonable Notice

Period of time an employee should be given between notification of dismissal and end of employment

Employment Equality

Range of measures promoting a representative workforce; federal legislation and programs focus on four designated groups: women, visible minorities, people wot disabilities, and aboriginal people

Bona Fide Occupational Qualification (BFOQ)

Reasonably necessary job qualification or requirement imposed because it is necessary for job performance

Lockout

Refusal by an employer to let unionized employees into a workplace; usually occurs while an employer and a union attempt to negotiate a new collective agreement

Independent Contractor

Self-employed worked who accepts specific projects, usually from several businesses

Gender-Neutral Job Evaluation System

System that evaluates the relative value of jobs in a manner that does not favour factors found in jobs traditionally performed by men

Labour Relations Board

Tribunal that mediates and adjudicates labour relations (and other) matters arising in a province

Poisoned (Or Hostile) Work Environment

Workplace plagued with insulting or degrading commentary or actions related to a prohibited ground of discrimination under human rights legislation

Indirect Discrimination

Workplace policy that unintentionally affects certain groups in a detrimental way