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17 Cards in this Set

  • Front
  • Back
independent contractors
a person working for himself who contracts to provide specific services to another
employee
a person working for another who is told what to do and how to do it
control test
test of whether an employment relationship exists based on whether the person being paid for work is told how, when, and where to do it
organization test
test used to establish whether a worker is an employee or independent contractor; examines whether the worker is providing services integral to the organizations business
wrongful dismissal
dismissal without reasonable cause or notice
agents
person authorized to represent or act on behalf of a principal in dealings with others
pay in lieu of notice
an amount paid to a dismissed employee rather than notice to terminate
reasonable notice
length of notice to be given an employee to terminate an employment contract of indefinite term; determined with reference to length of service and nature of employee's position, among other factors
just cause
valid reason to dismiss an employee without notice
constructive dismissal
unilaterally demoting or changing the duties of an employee, contrary to what was agreed to in the employment contract; conduct that essential terminates a pre-existing contractual relationship which could be treated as a dismissal
issue estoppel
principle preventing an issue from being litigated again on grounds that it has already been determined in an earlier trial or hearing
pay equity
principle or statute requiring equal pay for work of equal value
employment equity
correction of employment situations where there has been a tradition of racial or gender imbalance
reverse discrimination
prejudice or bias executed against a person or class to correct a pattern of discrimination against another person or class
affirmative action
programs intended to correct racial, gender or other imbalances in the workplace
mandatory retirement
forced retirement from employment generally at 65 years
ratification
majority agrees with terms of collective bargain; principal confirms a contract entered into by his or her agent