INDR 496 KEY TERMS (Chaps 1, 2, 4, 13, 15)

A system of judge-made rules originating in England around the 12th century, and inherited by Canada as a British colony, that uses a precedent-based approach to case law. Earlier decisions dealing with similar facts or legal issues guide later decisions in an attempt to create legal predictability. However, common law rules can and often do evolve as social values change.

Occurs when a party to a contract violates one or more terms of a legally binding contract.

Freedom of workers to negotiate the terms of their employment

The means by which a court or tribunal enforces its decision, such as by ordering the guilty party to pay monetary damages or take such further action the court deems appropriate to compensate victims for loss or deter future wrongful conduct

An earlier decision by a judge that dealt with the same, or very similar, facts and legal issues as those before a judge in the current case.

A Latin term meaning "to stand by a previous decision." It is a guiding principle in the common law regime.

The scope of authority over which a government, court, or expert administrative power has the power to govern.

An earlier decision by a court of higher ranking dealing with the same legal issue in a case that comes before a lower court judge. The lower court judge is required to apply the same reasoning and legal test applied by the higher court.

A type of wrongful act done by one person to another (or to another's property) that judges have recognized as legally actionable. Examples are nuisance, trespass, negligence, and conspiracy.

A law, or legislation, produced by a government that includes rules that regulate the conduct of business and people. An example is the Ontario Employment Standards Act, 2000.

A legal order issued by a judge prohibiting a person from engaging in a particular course of action, such as breaching a contract, committing a tort, or violating a statute.

Government-made detailed rules introduced as a sup-plement to, and pursuant to authority created in, a statute. For ex-ample, the Ontario Employment Standards 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 (in s. 141), and one regulation (O. Reg. 285/01) sets out the precise amount of the minimum wage.

Government regulation designed primarily to protect employees by imposing mandatory standards, such as minimum contract requirements and safety rules

Decision-making bodies created by a government statute and given responsibility for interpreting and enforcing one or more statutes and any regulations pursuant to that statute

An individual or three-person expert arbitration board tasked with writing the terms of a collective agreement when the union and employer are unable to reach agreement through voluntary collective bargaining

A worker who is in business for himself or herself and who, therefore, is not an employee.

A worker who is in a position of subordination to an employer and subject to rules set out in an employment contract.

A contract between two businesses, including a business in the form of an independent contractor

A legal rule under which an employer is liable for damage caused to a third party by one or more of its employees.

A worker whose status falls in between that of an employee and an independent contractor. This worker has more autonomy and independence than a typical employee, yet remains economically dependent on one customer for income and is subject to considerable control at the hands of that customer.

An economic arrangement characterized by an ex-change of labour for money that is facilitated by an app or electronic platform that connects customers to workers.

La-Z-Boy case, Braiden was entitled to reasonable notice because he was considered to be an employee because the court determined he was.

A term used to describe a person who performs work for a business or receives training by a business, but who is not paid for that work.

A model of employment char-acterized by stable, long-term job security, full-time hours, decent benefits, and wage rates that rise steadily over time.

independent contractors who have no employees

Work that is defined by characteristics such as job insecurity; short job tenure; low pay; few benefits; low collective bar-gaining coverage; and sporadic, limited, or unpredictable work hours.

A formal complaint lodged under a collective agreement that alleges a contravention of the collective agreement.

An employee who files a grievance.

A method of interest arbitration in which the arbitrator acts firstly as a mediator to try to help the par-ties reach an agreement, failing which the arbitrator issues a binding decision resolving the dispute.

A legal theory under which a person is barred from asserting or denying a fact because of the person's previous acts or words.

A legal principle that prohibits a party from re-litigating an issue that has already been raised in a prior proceeding.

A type of settlement of a grievance challenging the termination of an employee that includes reinstatement of the employee subject to a condition that if the employee reoffends, then termination will be the consequence.

The final breach of contract by an employee following progressive discipline that the employer relies on to justify termination of an employee for cause.

A clause in a collective agreement or employment contract that wipes prior discipline from an employee's record after a specified period of discipline-free work.

A legal obligation on the victim of a breach of contract by the other party to make reasonable efforts to limit the amount of damages suffered as a consequence of the breach.

A form of labour arbitration with strict time deadlines intended to ensure the parties can receive a decision expeditiously.

Evidence given by a person based on second-hand knowledge rather than their own direct knowledge or observations.

Evidence given by a witness called by the party doing the questioning. Leading questions are usually not permitted.

Evidence given by a witness during questioning by the party that did not call that witness.

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 a court must give to the expert tribunal's decision is a com-plex question that is considered in a field of law known as administra-tive law.

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A term in a collective agreement between a union and an employer that requires the employer demonstrate "just cause," or a good business reason, to discipline or dismiss an employee.

Personal or workplace-related factors that, while not directly the cause of an employee's behaviour, help explain or justify an employee's behaviour.

The application in stages by employers of progressively more serious discipline to correct performance problems.

punishment not in proportion to the crime is cruel and unusual

The Crown in Canada is Her Majesty in right of Canada or in right of a province. The Crown is a synonym for the government.

The public service comprises those departments and agencies that are controlled and managed directly by a central finan-cial planning agency of the Crown. It is distinct from the public sector, which receives funding from the government but is responsible for its own management.

A committee of the Queen's Privy Council (i.e., Cabinet) comprising the minister of finance and four other Cabinet ministers. The actual work of the Treasury Board is done by its administrative arm—the Treasury Board Secretariat. The Treasury Board Secretariat essentially manages the public service, including its collective bargain-ing and other human resource functions.

A corporation wholly and directly owned by the provincial or federal Crown.

Those sectors of the economy that are funded predominantly or exclusively through taxpayer money, and that have management that is independent from the government.

An employee formally appointed to the public service following the requirements of legislation.

Services that are essential to protect the health, safety, or security of the public. For example, police officers, firefight-ers, and medical practitioners perform essential services. Some governments consider services that are important to the public, such as public transit or mail delivery, as essential services as well.

An agreement between an employer and a union that identifies which and how many employees are "essential" to protect public safety and therefore cannot participate in a work stoppage.

Forms of work that contribute to the basic sustenance and vital capabilities of others, including health care, child care, and elder care.

Every employee owes their employer a duty of fidelity or loyal service to their employer.

A form of interest arbitration in which the interest arbitrator is restricted to imposing either the employer's or the union's proposed collective agreement in its entirety.

The principle that since interest arbitration is a substitute for free collective bargaining, the interest arbitrator should seek to replicate, to the extent possible, an agreement that the parties would have likely reached had they had recourse to the economic sanctions of a strike or lockout.

The principle that interest arbitrators should not impose significant changes on the parties to a collective agreement, and should instead reserve those big changes for freely negotiated agreements.

The principle that interest arbitrators should order the terms (e.g., wages and other benefits) necessary to attract and retain employees for the employer.

The principle that interest arbitrators should maintain comparable terms and conditions (e.g., pay) between comparable jobs in the public and private sectors.

The principle that where provided by stat-ute, interest arbitrators may (or must) consider the government's ability to pay when deciding the terms of their award.

An employee who discloses information about harmful or illegal conduct of their employer or co-workers.

effect on bargaining: corrosive in that it decreases the number of collectively bargained settlements, and narcotic in the sense that the parties become addicted to interest arbitration.

any order of interim measures issued by: (A) An arbitral tribunal of the Permanent Court of Arbitration; or (B) an arbitral tribunal of the International Center for the Settlement of Investment Disputes.