IRE430 Final
mutable易变的
A condition that is liable to change
collective agreement
A contract between an employer (or employers) and a trade union (or trade unions) that sets out the conditions of employment for a group of employees
statutory holiday
A day designated in employment standards legislation on which employees are entitled to receive either time off with pay or a wage premium if they work
bona fide occupational requirement (BFOR)
A defense to discrimination that an employer may use to prove that a discriminatory rule, standard, or practice was enacted for legitimate business seasons; it requires that the employer prove that it cannot accommodate the complaint's needs without causing itself undue hardship
gender neutral job evaluation system
A job evaluation system used in pay equity assessments that measures a job's skill, effort, responsibility, and working conditions and that is free of explicit and systemic gender discrimination
wage freeze
A law or employer practice that holds wage rates at existing levels for a period of time
statutory wage floor
A law that fixes a minimum wage below which an employer cannot pay an employee
class action
A lawsuit in which a group of people join together and act as one common plaintiff on the basis that they all allege to have suffered the identical or a similar legal wrong at the hands of the same defendant. A class action must be approved by a court before it can proceed
employment equity
A legal model or remedial order that creates a positive obligation on an employer to redress historical discrimination by giving preference in hiring to designated groups, such as women, visible minorities, Aboriginals, or people with disabilities.
duty of fair representation
A legal obligation imposed on unions to represent employees who fall within the scope of their representation rights in a manner that is not arbitrary, discriminatory, or in bad faith
pardon
A legal order that removes a person's record of a criminal conviction from their formal criminal convictions file. It may be granted by the federal government of Canada if the person has served his or her sentence and demonstrated good behaviour in society for a period of time. A pardon is now known as a " record suspension"
duty to accommodate
A legal requirement in human rights law to take steps to remove discriminatory barriers to employment, including altering schedules, rules, or work patterns, or changing the physical design of a workplace
mandatory retirement
A legal rule in a statute or contract that terminates an employment contract upon the employee reaching a specified age.
sincerely held belief
A legal test applied to determine whether a person has a religious belief that qualifies for protection against discrimination on the basis of religion or creed. The test is met if the person holds a sincere and deep belief that a practice (r.g. not working on Saturdays) has a relationship- or nexus - to religion
objective test
A legal test used in interpretation of contracts and statutes that asks, what would a reasonable person of normal intelligence think, if told about the circumstances? Contrast with "subjective test"
averaging agreement
A legislative device designed to facilitate flexibility in the calculation of an employee's entitlement to overtime pay. An averaging agreement permits an employer and employee to agree to average hours worked over a period longer than the standard period of time used to calculate overtime pay entitlement.
income inequality
A measure of the extent to which income in a country is unevenly distributed
probationary period 试用的
A period of time at the beginning of an employment contract during which the employer evaluates an employee's suitability for further employment
forum shopping 择地行诉
A phrase to describe the practice whereby a litigant诉讼当事人 attempts to litigate the same legal issue or the same facts in multiple legal forums in order to find the most favorable outcome
overtime pay
A premium above the normal wage rate of an employee that must be paid for every hour worked above the threshold of standard working hours. The premium is usually 1.5 times the normal wage rate, but sometimes it is higher than that.
nepotism defence裙带关系
A provision found in some human rights statutes that permits an employer to discriminate against workers on the basis of family status or marital status
mandatory time off
A provision in employment standards legislation requiring that employee be given a specified amount of time off work in a day or week.
parental benefits
A rule in employment insurance legislation that entitles new parents to receive benefits (financial assistance) while caring for a newborn or newly adopted child.
unjust dismissal law
A statutory law that imposes restrictions on the contractual right of employers to dismiss employees for any reason at all
pay equity
A statutory model designed to address systemic gender wage discrimination by comparing lower-paying female-dominated job classes to higher-paying male-dominated job classes when the total score is the same or substantially the same in an evaluation of the skill, effort, responsibility, and working conditions of the two job classes
equal pay for equal work (EQEW)
A statutory model that requires equal pay for men and women who perform "substantially similar work" in the same establishment
maternity leave 产妇的
A statutory rule requiring an employer to grant a pregnant women time off from work without pay in the weeks immediately before and/ or after giving birth (also known as pregnancy leave)
anti-reprisal provisions 报复
A statutory rule that prohibits an employer from dismissing or otherwise punishing an employee for attempting to enforce his or her statutory rights
parental leave
A statutory rule that requires an employer to grant the parents of a newborn or newly adopted child a period of time off work without pay to care for the child
internal responsibility system IRS
A system of shared responsibility between employers and workers for workplace health and safety.
statutory notice of termination
A term describing the requirement found in employment standard legislation for employers (and sometimes employees) to provide a defined amount of notice that they are terminating the employment contract.
just cause provision 规定
A term in a collective agreement between a union and an employer that required that the employer demonstrate "just cause" or a good business reason, to discipline or dismiss an employee
ratify批准
A term used to describe the process which a national government endorses and agrees to implement into its legal system the requirements of an international legal convention or other legal instruments
occupational crowding
A term used to describe the segregation of women an omen into different types of jobs. It is usually used to explain how women tend to be much more highly represented in lower-paying jobs (e.g. retains, sales, and other service jobs, clerical work, and child care) than are men
indirect discrimination
A type of discrimination in which a rule standard, or practice treats everyone the same on its face, yet has an adverse impact on some people because of a personal characteristic.
direct discrimination
A type of discrimination in which a rule, standard, or practice distinguishes an individual or group based on a personal characteristic, such as separate pay scales for men and women or the practice of hiring people of only one gender or one skin color.
constructive dismissal
A type of wrongful dismissal; it is caused by an employer who commits a fundamental or repudiatory breach of an employment contract that the employee treats as having terminated the contract
precarious worker危险的
A worker whose labour market participation is characterized by low pay, job insecurity, lack of job tenure任期, and/ or multiple part-time or temporary jobs.
whistle- blower 告密者
An employee who discloses information about harmful or illegal conduct of his or her employer or co-workers.
homeworker
An employee who performs work from home for an employer
innocent absenteeism
An employee's absence from work due to reasons that are not balmeworthy, such as illness, injury, or disability.
human rights tribunal
An expert administrative tribunal created by a government to hear and decide human rights complaints and interpret and apply human rights statutes
permissible wage difference
An explanation for a wage difference between a male and female job class that is accepted as valid and non-discriminatory in a pay equity statute
hiring order
An order issued by a human rights tribunal or court requiring an employer to offer employment to a person previously denied employment for discriminatory reasons
human rights commission 委员会
An organization created by a government to investigate human rights complaints and promote human rights compliance through education, public outreach, and training.
severance pay离职补偿金
Compensation that an employer must pay to qualifying employee who has been dismissed; this compensation is in addition to what is required by statutory notice obligation
live wage
Different measures exist but, in general, it is a measure of the wage level that would be necessary to enable a full-time employee to earn enough money to meet basic needs, such as food, clothing, childcare, and shelter.
regulations
Government-made detailed rules introduced as a supplement to, and pursuant to authority created in, a statute. For example, the Ontario Employment Standard Act, 2000 requires that employers pay at least "the prescribed minimum wage," but does not say what that wage rate is. That Act gives the government the right to introduce regulations, and one regulation sets out the precise amount of minimum wage.
prima facie case of discrimination 初步印象
In human rights law, when a complainant provides sufficient evidence that he or she has been the victim of discrimination on a ground prohibited in a human rights statute, which shifts the burden责任 to the employer to establish that no unlawful discrimination occurred
comparator
In pay equity, the male job class to which a female job class is compared and found to be of equal or of comparable value
equal pay laws
Laws or rules that require employers to pay women the same wage rate as men for "equal work"(which usually means "the same job"
contributory negligence
Negligence of an injured party that contributes to the loss suffered or damage incurred due to the negligence of another party
Nine-Hour Leagues
Organizations active in the late 19th century that attempted to pressure and persuade employers and governments to implement a mandatory maximum nine-hour workday
prohibited grounds of discrimination
Personal characteristics that are protected from discrimination in human rights statutes, including but not limited to sex, age, race, skin color, and religion
systemic discrimination
Practices, behaviors, norms, or policies within an organization that may be unintentional and unobserved yet perpetuate disadvantages for certain individuals due to a personal attribute or characteristics (e.g. race, gender, age, disability, or religion)
systemic discrimination
Practices, behaviour, norms, or policies within an organization that may be unintentional and unobserved yet perpetuate disadvantages for certain individuals due to a personal attribute or characteristic (e.g. race, gender, age, disability, or religion)
Analogous grounds 类似的
Prohibited gourds of discrimination in equality legislation that are not enumerated (listed) in the legislation, but which the courts have read into the legislation because of their similarity to the enumerated grounds that are protected (e.g. sexual orientation, marital status, and citizenship)
complaint-based statutes
Statutes that are enforced entirely or predominately by means of individual complaints of statutory violations filed by victims
Statutory vacation pay
The amount of pay a vacationing employee is legally entitled to receive while taking vacation time.
statutory vacation time
The amount of time an employee is legally entitled to take off work during a year
enumerated grounds枚举
The characteristics listed in equality legislation (including the Canadian Charter of Rights and Freedoms) upon which discrimination is prohibited, such as sex, age, skin color, and religion
occupational exposure limited OELs
The concentration of a hazardous有危险的 material that a worker may normally be exposed to without causing harm
due care
The conduct a reasonable person would exercise in a situation to protect the health and safety of another
gender wage gap
The difference in earnings between males and females
racial wage gap
The difference in earnings between the dominant racial group in a society and racialized groups
undue hardship
The legitimate defence that an employer may raise to justify why it could not provide an accommodation to an employee. This standard is demanding and requires the employer to demonstrate that significant difficulties- beyond mere inconvenience- would result if it had to accommodate the employee
standard working hours
The number of working hours in day or week after which overtime pay is required, as defined in an employment standard law.
termination pay
The payment owing to a dismissed employee under employment standards legislation that is in lieu代替 of working statutory notice
tipping out
The practice by some restaurant or bar employers of collecting (and sometimes taking) a portion of server's tips and dividing the tip pool amoung other employers
judicial review
The process through which a decision of an expert administrative tribunal is appealed to a court on the basis that the tribunal exceeded its authority (or jurisdiction) as defined in the statute that created it or that the tribunal's decision was wrong. How much deference尊重 a court must give to the expert tribunal's decision is a complex question that is considered in a field of law known as administrative law
principle of proportionality 比例性
The test applied by the courts in summary dismissal cases that assesses whether the termination of an employee's contract without notice is an appropriate response to the employee's misconduct, considering all of the relevant facts
arises and occurs test
The test used by WCBs to determine whether an injury is compensable. In short, it is used to determine whether an injury arose from and occurring during the course of work
rights to participate
Under the IRS, workers have a right to be a part of the process of identifying and resolving health and safety issues. This right is often exercised through joint health and safety committees.
right to know
Under the IRS, workers have a right to know about the hazards they are exposed to in the workplace.
right to refuse unsafe work
Under the IRS, workers have a right to refuse to perform work they believe to be unsafe, pending the outcome of an investigation
sexual harassment
Unwanted conduct of a sexual nature that detrimentally有害地 affects the work environment or leads to job-related consequences for the victim
piecework pay
Wages calculated based on the number of pieces produced by an employee
