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74 Cards in this Set

  • Front
  • Back

test of whether an employ-ment relationship exists based on whether the person being paid for work is told how, when, and where to do it

control test

test used to establish whether a worker is an employee or inde-pendent contractor; examines whether the worker is providing services integral to the organization’s business

organization test

dismissal without reasonable cause or notice

wrongful dismissal

an amount paid to a dismissed employee rather than notice to terminate

pay in lieu of 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 posi-tion, among other factors

reasonable notice

valid reason to dismiss an employee without notice

just cause

principle preventing an issue from being litigated again on grounds that it has already been deter-mined in an earlier trial or hearing

issue estoppel

principle or statute requiring equal pay for work of equal value

pay equity

correction of employment situations where there has been a tradition of racial or gender imbalance

employment equity

prejudice or bias exercised against a person or class to correct a pattern of discrimination against another person or class

reverse discrimination

programs intended to correct racial, gender, or other imbal-ances in the workplace

affirmative action

forced retirement from employment generally at 65 years

mandatory retirement

characteristic of bargain-ing that makes every reasonable effort to reach an agreement

in good faith

dispute arising between a union and employer while union is being organized

recognition disputes

disagreement about the terms to be included in a new collective agreement

interest dispute

disagreement about the meaning of a term in a collective agreement

rights dispute

a disagreement over who has authority; in the labour context, a dispute between two unions over which one should represent a group of employees, or over which union members ought to do a particular job

jurisdictional dispute

a body certified to act on behalf of a group of employees or employers

bargaining agent

group of employees who have been certified

bargaining unit

bargaining agents representing groups of employers

employers' organizations

procedure for set-tling disputes arising under a collective agreement

grievance process

workplace where new employees must join the union

union shop

workplace where only work-ers who are already members of the union can be hired

closed shop

option in collective agree-ment enabling employees to retain the right not to join the union, though they are still required to pay union dues; also known as agency shop

Rand formula or agency shop

provision in col-lective agreement whereby employees agree to have employer deduct union dues from payroll

check off provision

require-ment in collective agreement that union members pay dues and maintain their membership, though new employees need not join the union

maintenance of membership

action taken by the employer to prevent employees from working and earning wages.


the withdrawal of services by employees


job action in which employees perform no more than is minimally required, so as to pressure an employer

work to rule

strikes ( initiated by employees) and lockouts ( initiated by employers)

work stoppages

picketing by striking employees not just of their own work-place but also of other locations where the employer carries on business

secondary picketing

the service an agent performs on behalf of a principal


the right or power to act or to make a decision


an agreement creat-ing an agency relationship between prin-cipal and agent

agency agreement

an agency agreement in writing and under seal

power of attorney

authority given to agent expressly or by implication

actual authority

the authority of the agent as actually stated by the principal

expressly (stated authority)

the authority of the agent as implied from surrounding cir-cumstances, such as the position or title given ( by the principal) to the agent

implied (authority)

authority as sug-gested to third party by conduct of prin-cipal; may exist even when there is no actual authority

apparent authority

consent to act as an agent, which is implied when there is an urgent reason

agency by necessity

entrusting someone else to act in one’s place; an agent normally cannot turn his responsibilities over to someone else


obligation to reveal all details of a transaction

full disclosure

a principal whose identity is concealed from the third par-ties with whom the agent is dealing; the rights and obligations of the parties depend on whether the agent makes it clear that he is representing an undis-closed principal rather than operating on his own behalf

undisclosed principal

the power to act as the donor’s trustee or representa-tive following the donor’s lack of capacity

enduring power of attorney

a corporation that owns shares in other corporations

holding corporation

the collaboration of sev-eral businesses to accomplish a major project

joint venture

the liability of the business owner or partners for all debts incurred by the business to the extent of their personal resources

unlimited liability

for someone to seek a remedy against all the partners, they all must be included in the original action, as there is only one cause of action.

jointly liable

under several liabilities, each partner can be sued separately

severally liable

dissolution of partnership

giving notice to the effect, asking the court to dissolve it, partnership can dissolve on its own when it reaches the expiry date if established for a specific time period

a corporation is a legal fiction

corporate myth

personal property in the form of ideas and creative work

intellectual property

arrangements based on con-tracts of service and the supply of prod-ucts between larger and smaller units of one organization


contracts used his-torically for setting up a company

deeds of settlement

a legislated requirement for incorporating a company in some juris-dictions in Canada


a method of incorporat-ing used in some jurisdictions in Canada whereby the government grants recogni-tion to the company as a separate legal entity

letters patent

a method of incorporating based on a U. S. approach and used in some jurisdictions in Canada

articles of incorporation

constitu-tion of a corporation in a registration jurisdiction

memorandum of association

the means of acquiring funds from a large number of sources to run a corporation; an interest in a corporation held by an investor


a share with a stated value at issuance ( most shares are now no- par-value)


shares to which no pref-erential rights or privileges attach

common shares

a share interest in the indebted-ness of a corporation; often used synony-mously with debenture, though a bond is normally secured against specific assets, while a debenture is likely not


an acknowledgment of debts by a corporation normally involving more than one creditor; often used inter-changeably with bond, but whereas a bond is typically secured against a spe-cific asset, a debenture may be unsecured or secured by a floating charge against inventory


corporations in which there are relatively few sharehold-ers; referred to as “ non- distributing cor-porations” in some jurisdictions

closely held corporation

corporations that are publicly traded on the stock mar-ket; also called distributing corporations in some jurisdictions

broadly held corporation

lawsuit where cer-tain shareholders are given the right to launch a civil action against the directors on behalf of an injured company; some-times called representative action

derivative (representative) action

information that affects share pricing that is not publicly known; directors, officers, and large shareholders, among others, cannot profit by improperly using confidential knowledge about the company

insider knowledge

a person who participates in the initial setting up of a corporation or who assists the corporation in making a public share offering


provincial agency that serves as watchdog on stock market

securities commission

public document disclosing relevant information about a corporation


party responsible for ensuring that financial statements for an organiza-tion are properly done


a meeting where shareholders elect directors and vote on other important resolutions

annual general meeting

right of minority shareholders who are adversely affected by major changes to indicate their opposition and force the company to buy back their shares at a fair price

dissent and appraisal

a payment to shareholders out of company profits