Duhaime's Law Dictionary

Duhaime's Employment & Labour Law Dictionary

This is a specialized sub-listing of our comprehensive Law Dictionary, where we've grouped terms relevant to this topic. If your term or phrase is not here, do a SEARCH using the search box above.

Backfilling
A term of employment law; where an employee is assigned to a new job and his/her position filled by another employee.
Bad Faith
Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.
Bereavement Leave
Authorized leave from work, paid or unpaid, for the purposes of attending to the funeral of a family member.
Blue-Pencil Severance
Striking out an offending part of a legal document, such as a contract or a statute.
Bonus
A premium offered or given to induce someone to perform a service.
Boycott
The enlisting of persons to withhold, patronage or services from a target.
Cat's Paw
A supervisor who, rather than genuinely re-assess a subordinate's decision to discipline an employee, official cover notwithstanding, merely rubber stamps it.
Closed Shop
A place of employment where the employer hires only union members.
Collective Bargaining
Trade agreement negotiation between an employer and a person(s) representative of a larger unit of employees, to govern hiring, work, pay and dispute resolution.
Collective Bargaining Agreement
A contract on hiring, working conditions and dispute resolution between an employer and a union, the latter representing employees of a defined group.
Common Law
Judge-declared law. Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain.
Compassionate Care Leave
Paid or unpaid leave to care or support a gravely ill family member.
Constructive Discharge
When an employer, rather than acting directly, deliberately makes an employee's working conditions so intolerable that the employee is forced into resignation.
Constructive Dismissal
A fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer.
Contract
An agreement between persons which obliges each party to do or not to do a certain thing.
Contract Law
That body of law which regulates the formation and enforcement of contracts.
Decertification
A vote by members of a collective bargaining unit to dissociate from the incumbent union.
Disclaimer of Interest
A formal written statement by an interested person as to the severance of that interest for all purposes.
Dismissal
An employer's decision to terminate a contract of employment.
Disrate
A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion.
Duty of Fair Representation
A union's duty to be free of arbitrary judgment or discrimination or bad faith towards one it its members.
Emolument
Wages, benefits or other benefit received as compensation for holding some office or employment.
Employee
A person who has agreed by contract to perform specified services for another, the employer, in exchange for money.
Employee Choice Doctrine
The forfeiture of a departing employee's right to judicial review of a restrictive covenant if that employee agreed voluntarily to receive post-employment benefits as consideration for the covenant.
Employer
A person who is contractually bound to a worker - the employee - to give that worker money as a salary or wages, in exchange for ongoing work and for which the employer directs the work and exercises fundamental control over the work.
Employment
A contract in which one person, the employee, agrees to perform work for another, the employer.
Employment at Will
An employment contract during which the employer may terminate the employment at any time subject only to the reason not being contrary to public policy.
Employment Standards
Entirely a creation of statute; minimum employee rights extended for work within the jurisdiction served by the relevant statute.
Grievance
A claim by a union or a unionized employee that a collective bargaining agreement has been breached.
Grievance Arbitration
The resolution of a dispute as to an alleged violation of a term of a collective bargaining agreement, by arbitration.
Heart Attack Standard
A finding or allegation that conditions of employment are so unusual or extraordinary conditions as to have the potential to cause mental disorder or a heart attack.
Hostile Work Environment
A pattern of ongoing and persistent harassment severe enough to alter the conditions of employment.
Independent Contractor
A person hired by another not as an employee but, rather, pursuant to a contract for service where the engaging party does not supervise or control the detail of the work, and where the party engaged remains self-employed.
Industrial Relations
Processes related to the world of work such as the organization of work, employment contracts, human resource management, employment relations, conflict management and employee attitudes and behaviors at work.
Insolence
Insulting a supervisor at the workplace or during the tenure of an employment contract.
Insubordination
Willful failure to obey a supervisor's lawful orders.
Just Cause
Employment law: misconduct of an employee, or some other event relevant to the employee, which justifies the immediate termination of the employment contract.
Labor Organization
A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
Labor Union
A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
McDonnell Douglas Framework
A preliminary legal requirement to proving employment discrimination: that the adverse employment decision which is complains of was more likely than not motivated by discrimination.
Means and Manner
The result and performance detail(s) of work.
Memorandum of Understanding (MOU)
A document which generally is not intended to be legally binding but, if meeting the other criteria, can be, in law, a contract.
Minimum Wage
The lowest allowable rate of pay as established by statute.
Mitigation of Damages
The obligation upon a person who sues another for damages, to minimize - mitigate - those damages, as far as reasonable.
Non-compete Agreement
An agreement on the part of a departing employee restricting, in some way, same-industry employment.
Nordenfelt Test
A legal test against which restrictive covenants are judged as either acceptable or not.
Occupation
A job, employment or the character of being physically inside or upon a place.
Pension
A private or government fund (or payments therefrom), from which intermittent and regular benefits or allowances are paid to a person upon his or her retirement or disability.
Personal Services Contract
A contract in which the skills or talents of a party are material.
Personnel File
An employer's folder of employee records collected in regards to qualifications, promotion, transfer, compensation or disciplinary action.
Picket
To surround the entrance of a business or agency and encourage patrons to boycott it or to otherwise negatively call attention to it.
Poisoned Work Environment
A negative work environment created by a form of harassment.
Pre-Hire Agreement
An employer agrees to hire specific union members or their referrals for the purpose of working on anticipated jobs, within the construction industry, during the contract period.
Quid Pro Quo Sexual Harassment
Workplace harassment which conditions employment or promotion on sexual favors.
Rand Formula
(CAN) Union dues are withheld from the pay of an employee, whether or not he or she belongs to the union.
Respondeat superior
Latin: let the principal answer.
Restrictive Covenant
A contract in which a party agrees to be restricted in some regards as to future conduct.
Rule in Aerocide
A Canadian legal principle applicable in employment law which holds an employer to the reasons for a dismissal expressed at the time of dismissal, and prohibiting the attempt to later advance other reasons.
Salary
Regular payment for services.
Severance Pay
An amount of money an employer owes to an employee in lieu of notice, in exchange for the employee's agreement to sever an employment contract forthwith.
Sexual Harassment
A term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment.
Sick Leave
Time off from work, paid or unpaid, on account of an employee's temporary inability to perform duties because of sickness or disability.
Straw Boss
An employee with minor supervisory duties.
Strike
A common stopping of work by a group of employees.
Supervisor
An employee with limited management discretion or responsibilities.
Taft-Hartley
The name of an American federal labor law which sought to equalize legal responsibilities of labor organizations and employers; i.e., balance the Wagner Act, which, it was felt, may have gone to far in protecting union rights.
Tenure
A right of holding or occupying land or a position for a certain amount of time.
Trade Union
A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
Undue Hardship
Special or specified circumstances that partially or fully exempt a person from performance of a legal obligation so as to avoid an unreasonable or disproportionate burden or obstacle.
Unfair Dismissal
A dismissal of an employee in the absence of a substantial reason.
Union
A defined group of employees formed for the purposes of representing those employees with the employer as to the terms of a collective contract of employment.
Union Shop
A place of employment where only union members are employed or persons who must join a specified union within a certain deadline.
Vicarious Liability
Liability for the tort of another even though the person being held responsible may not have done anything wrong.
Wages
Compensation for work or services.
Wagner Act
The informal name of the National Labor Relations Act of the United States of America (NLRA).
Wallace Damages
Increased damage award in a wrongful dismissal case because of the manner in which the dismissal was handled by the employer.
Whistleblower
An employee who reports a supervisor or an employer's legal violations or wrongdoings.
Workers' Compensation
A public benefit scheme in which qualified workers who are injured in the workplace, receive compensation, commensurate with their degree of injury, regardless of fault.
Wrongful Discharge
The unlawful discharge (dismissal) of an employee.
Wrongful Dismissal
The unlawful termination of an employment contract.
Wrongful Termination
The unlawful termination of an employment contract.
Yellow Dog Contract
A name given in American labor law to contract of employment by which the employee promises not to join a union and to forfeit employment if he/she joins a union during the period of employment.

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