Employment Law: Case Studies

Glossary of Key Terms

Affirmative Action / Positive Action: Policies and practices designed to promote the employment and representation of individuals from underrepresented groups.

At-Will Employment: An employment arrangement where the employer or employee can terminate the relationship at any time for any legal reason, without notice or cause.

Boilerplate Clauses: Standardized clauses commonly found in contracts, addressing routine legal matters (e.g., severability, force majeure).

Cease and Desist: A legal order requiring an individual or entity to stop a specific action or behavior.

Code of Conduct: A set of rules outlining acceptable behavior and ethical standards within an organization.

Collective Bargaining: The process of negotiation between employers and trade unions representing employees to determine wages, working conditions, and other terms of employment.

Constructive Dismissal / Discharge: When an employee resigns because the employer has created intolerable working conditions that leave the employee with no reasonable alternative but to quit.

Dismissal: The termination of an employee's employment by the employer.

Duty of Care: An employer's legal obligation to take reasonable steps to ensure the safety, health, and well-being of their employees.

Employment Contract: A legally binding agreement between an employer and an employee that specifies the terms and conditions of employment.

Grievance Procedure: A formal process established by an employer or through collective bargaining for employees to raise and resolve complaints related to their employment.

Gross Pay: An employee's total earnings before any deductions for taxes or other contributions.

Harassment: Unwelcome conduct based on protected characteristics that creates a hostile, intimidating, or offensive work environment.

Holiday Entitlement: The number of paid vacation days an employee is legally or contractually entitled to per year.

Labour Tribunal / Employment Tribunal: A specialized court or judicial body that hears and resolves disputes related to employment law.

Legal Doublets: Pairs of words or phrases, often of Anglo-Saxon and Norman French origin, used in legal English (e.g., "terms and conditions," "null and void").

Lockout: An action taken by an employer to prevent employees from entering the workplace during a labour dispute, typically as a response to a strike or other industrial action.

Net Pay: The amount of money an employee receives after deductions such as taxes and social security contributions have been subtracted from their gross pay.

Notice Period: The amount of time that an employer or employee must give to the other party before terminating the employment contract.

Null and Void: Legally invalid and having no legal force or effect.

Overtime Pay: Additional compensation paid to employees for working beyond their regular or standard working hours, often at a higher rate than their standard pay.

Probationary Period: An initial period of employment during which an employer can assess a new employee's suitability for the job, and during which the terms of dismissal may be more flexible.

Redundancy: A form of dismissal that occurs when an employer no longer needs a particular job to be done, often due to business restructuring, technological changes, or economic downturns.

Severance Pay: Compensation paid by an employer to an employee upon termination of employment under certain circumstances, such as redundancy.

Sick Leave: Time off from work granted to employees due to illness or injury, often with pay or statutory benefits.

Unfair Dismissal: Termination of an employee's employment that is considered unjust or unlawful according to relevant legislation, often due to lack of a fair reason or procedure.

Wrongful Termination: Dismissal of an employee in violation of the terms of their employment contract or relevant employment laws.