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Clauses in an employment contract that restrain trade, such as a non-competition clause and a non-solicitation clause, and which may survive beyond the terms of the employment contract.
Also read: Don’t Sign That Employment Contract Yet! 2 Things You Need to Know First
A release is the relinquishment in whole or in part of a right or claim. In employment, a release is often used when an employers pays an employee severance in exchange for a written agreement, or a release, that the employee will not bring any future legal action against the employer.
The notice period an employer must provide to an employee pursuant to common law when the employee has been terminated on a without cause basis.
Proceedings are the legal procedure to commence and maintain a legal action or dispute resolution.
Negligence is the omission to do something which a “reasonable person” would do, or doing something which a prudent and reasonable person would not do. Also defined as breaching “duty of care” one party owes to another person and that person suffers a loss as a result.
read: Supreme Court Plays Trick or Treat with Unionized Employees’ Access to Justice
A nonsolicitation agreement is a contractual clause or agreement that prevents one party (often an employee) from “soliciting” the clients or employees of the other party for a certain period of time following the termination of the contractual relationship between the two parties.
A noncompetition agreement is a contractual clause or agreement between two parties that prevents one party from competing in the same business as the other party within a geographical location for a certain period of time.
read: The law behind “I quit”
A notice period is when an employee is terminated without cause, the employer is obligated to provide the employee with reasonable notice of termination. The notice period is the time between when the employee receives notice that their employment will end and the last day of their employment.
Misrepresentation means words or conduct intended to mislead someone.
Mitigation is a well-recognized principle of the law of damages that the party claiming damages in cases of breach of contract must take steps to mitigate or curtail his losses. In the employment context, when an employer dismisses an employee, the employee has a duty to take reasonable steps to replace their loss of income by seeking similar alternative employment.
Mediation is a dispute resolution process where the parties agree to voluntarily to negotiate a settlement to a dispute with the assistance of a neutral, third party mediator.
A lump sum payment refers to the way that money is paid all at once, in a lump sum.
A limitation period is a specific time period within which a person may pursue a claim. If the time period expires, the right to bring the claim disappears.
An injunction is an order from a Court or Tribunal that directs a party to take a specific action or refrain from doing a particular act.
When an employer dismisses an employee for just cause, the employer has to be able to show that the employee engaged in serious misconduct which has irreparably harmed the employment relationship.
Discrimination can take many forms, including “‘indirect discrimination”, where otherwise neutral policies may have an adverse effect on certain groups of people who belong to a group protected by law from discrimination.
read: What is discrimination?
Any inappropriate conduct or comment by a person towards a worker that the person knew or reasonably ought to have known would cause that worker to be humiliated or intimidated.
watch: What to do if I’m working in a toxic work environment?
A mechanism for dispute resolution which involves the disputing parties (typically a union and an employer) and a neutral, third-party decision maker; the Arbitrator. The setting for adjudication is usually an informal hearing during which each party will have the opportunity to present evidence and argument. The Arbitrator will make a binding and enforceable decision on the matter. For unionized employees, the Arbitration process is typically included in the collective agreement as the final step of the grievance process.
A formal complaint filed by a union or an employer against the other pursuant to the grievance or dispute resolution procedure provided in a collective agreement.
When a situation has arisen for which the parties made no provision in the contract and the performance of the contract becomes a thing that is radically different from what the parties originally intended. In such circumstances, it is said that the contract has been frustrated and has the effect of concluding the parties’ contractual relationship without a penalty to either party.
read: Can “Frustration of Contract” be Used to End My Employment Without Notice or Severance?
A verbal and/or written agreement between an employer and an employee that contains the terms and conditions of the employee’s employment.
read: The “Right to Disconnect?” Three Important Legal Issues in Work-From-Home Arrangements
Broadly speaking, discrimination is unjust differential treatment of a person based on a protected ground. Discrimination comes in many forms including systemic discrimination, stereotyping, negative assumptions, subtle discrimination, harassment, sexual harassment, and many more. In employment, discrimination is prohibited by Section 13 of the Human Rights Code.
A statutory obligation that unions have towards the employees they represent in their role as the employees’ exclusive bargaining agent. In British Columbia, Section 12 of the Labour Relations Code provides that unions must not represent its members in a manner that is arbitrary, discriminatory or in bad faith. Read the leading decision of the Labour Relations Board of the Duty of Fair Representation here.
Dismissal occurs when the employer terminates its employment relationship with an employee either “with cause” or “without cause”. If an employer terminates an employee’s employment for cause, the employer must prove that it had just cause for termination. Where an employee has been dismissed without cause, they are entitled to notice.
Damages are typically an award of money paid to someone who has been wronged to compensate them for the harm or loss they experienced. Damages are typically compensatory rather than punitive.
The collective agreement is a written contract agreed to by a union and an employer following collective bargaining. The collective agreement outlines the terms and conditions of employment for unionized employees and contains a dispute resolution mechanism, called the grievance procedure.
The party in a dispute who has the burden of proof has the duty to prove their case. For instance, when an employer terminates an employee’s employment for “just cause“, the employer has the burden of proof. This means that in a dispute, employer has to present evidence to persuade an adjudicator that it had sufficient reason to dismiss the employee for just cause. If the employer cannot prove “just cause”, then it will either have to pay severance or reinstate the employee.
read: What is Severance Pay?
Back pay is wages and benefits owing to the employee for time they have already worked. Back pay is calculated as the difference between what the employee should have been paid and what the employee actually was paid. Back pay includes all monies the employee is entitled to including commissions, bonuses, overtime, etc.
A mechanism for dispute resolution which involves the disputing parties (typically a union and an employer) and a neutral, third-party decision maker; the Arbitrator. The setting for adjudication is usually an informal hearing during which each party will have the opportunity to present evidence and argument. The Arbitrator will make a binding and enforceable decision on the matter. For unionized employees, the Arbitration process is typically included in the collective agreement as the final step of the grievance process.
Collective bargaining is the process through which unions, on behalf of the employees, negotiate contracts – also called collective agreements – with employers to determine their terms of employment, including pay, benefits, hours, leave, safety policies, etc.
read the blog: What is collective bargaining?
Constructive dismissal – If an employee has been constructively dismissed, it means that an employer dismissed the employee without actually stating that it was doing so. Rather, the employment relationship was terminated because of the what the employer did, not what it stated. Legally, an employee is constructively dismissed when the employer, on its own, makes a substantial change to a fundamental term of the employment contract and the employee does not consent to the change being made.
read the blog: Have I been constructively dismissed?
Duty to accommodate – Employers have a duty not to discriminate against employees regarding employment and this includes taking all reasonable steps to avoid a negative effect as a result of an employee’s protected characteristic, which is called a duty to accommodate. Protected characteristics include a person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age or criminal convictions.
read: Discrimination in human rights law and the duty to accommodate
An amount of money to compensate someone for the harm they have experienced.
A fiduciary employee is an employee who is trusted by the employer with a high level of responsibility and with confidential information about the employer’s business.
Human rights laws is law that is created with the aim of eliminating discrimination on the basis of the specific protected grounds laid out in legislation.
What does Compensation mean? This is an employee’s pay. It includes payment of money, and/or other things of value, in exchange for work performed.
Also known as “judge-made law”, common law is the law created from Court decisions which create precedents. Law is created through common law (from judges and decision makers) and legislation (from the legislature).
watch: The law behind I quit