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Exam (elaborations)

IDRL 320 definitions latest update.

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  • Course
  • IDRL 320
  • Institution
  • IDRL 320

IDRL 320 definitions latest update.

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  • October 22, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • IDRL 320
  • IDRL 320
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IDRL 320 definitions latest
update
Arbitrator - answer An individual or panel of neutral parties that
resolve issues relating to grievances that are filed under the
collective bargaining regime or when parties have come to an
impasse in bargaining, they may need an arbitrator to impose a
settlement.


Collective agreement - answer A written agreement on the terms
and conditions of employment that have been negotiated and
agreed upon by a union and employer and ratified by the employees
in the bargaining unit.


Common law - answer A system of law based on precedent and
customs. In regards to work law. This system is used to regulate
contract law and for tort laws relating to labour disputes and
misrepresentation.


Contract of employment - answer This is a legal agreement
between an employer and employee which outlines the terms and
conditions of employment. For it to be legally enforceable there
must be mutual consideration and the terms must not violate the
legal rights of either party.


Dependant Contractor - answer A worker that is not an employee,
but whom is still considered to be economically dependent on the
company or individual that they work for. Though some statutes
include dependent contractors in the definition of employee.


Wrongful dismissal - answer A lawsuit an employee may file
against an employer when an employer terminates the employment
contract without complying with the legal requirement of

, reasonable notice of termination in which the employee claims they
are entitled to.


"At will" employment contract - answer This is an employment
contract that does not require an employer to give an employee
reasonable notice of termination. This is not legal in Canada and is a
type of employment contract often found in the USA.


Aggravated damages - answer Damages awarded to an innocent
party to compensate for mental pain and suffering caused by the
guilty party's wrongful act.


Balance of probabilities - answer When evidence is required to
convince a court/tribunal that most likely than not, the
incident/misconduct in question has occurred.


Compensatory damages - answer Damages awarded to a party for
the direct loss of benefits they would have earned if the guilty party
had not violated the contract.


constructive dismissal - answer When an employer commits a
fundamental breach of contract or behaves in a manner that makes
the workplace intolerable for the employee and the employee
responds by treating the contract having been terminated by the
employer.


Duty to mitigate - answer A legal obligation placed upon the
injured party to minimize the amount of damage suffered from
caused the guilty party's misconduct/breach.


Insubordination - answer A breach by an employee of the term in
an employment contract which requires the employee to obey an
employer's lawful orders.

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