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Grievance (labour)
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination. According to Sean C. Doyle, in his work titled, ''The Grievance Procedure: The Heart of the Collective Agreement'', the grievance process takes on certain secondary roles in countries such as Canada, United States and the United Kingdom that can include, but are not limited to, "a mechanism for the extension of the relationship between the parties, a union tactic to pressure management for strategic purposes, a diagnostic device to uncover underlying problems in the workplace, a mechanism for individual employees o ...
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Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ...
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Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts rely on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for services (contract for the supply of services). The differing terminology implies a dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wag ...
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Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When harassing behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult. It also constitutes a tactic of coercive control, which may be deployed by an abuser in the context of domestic violence. Harassment is a specific form of discrimination, and occurs when a person is the victim of unwanted intimidating, offensive, or humiliating behavior. ...
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Employment Discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex (including pregnancy, sexual orientation, and gender identity), religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group. Definition In neoclassical economics theory, labor market discrimination is defined as the different treatment of two equally qualified i ...
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Trade Union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and Employee benefits, benefits, improving Work (human activity), working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting and increasing the bargaining power of workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The union representatives in the workforce are usually made up of workplace volunteers who are often appointed by members through internal democratic elections. The trade union, through an elected leadership and bargaining committee, bargains with the employer on behalf of its members, known as t ...
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Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Ontario Superior Court Of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution.
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Galway-Cavendish-Harvey, Ontario
The Municipality of Trent Lakes is a lower-tier township in the rural, mostly wooded northern section of Peterborough County, Ontario, Canada. The municipality has a primarily cottage and tourist industry based economy but has grown year round residency due to its commute distance to the Greater Toronto Area. In 1998 the Township of Galway-Cavendish and the Township of Harvey were amalgamated by Minister's Order to become Galway-Cavendish and Harvey. The Municipality of Trent Lakes adopted its new name by By-law B2013-017 on February 19, 2013. The name was in recognition of the Trent-Severn Waterway which plays a major role in the cottage history and tourism economy of the area. The Municipality is part of the Kawartha Lakes Tourism Area and contains numerous tributary lakes, rivers and creeks contributing water level support to the nationally historic Trent-Severn Waterway system. Lock 31 in Buckhorn is the only Trent-Severn Waterway boat lock located within the municipality. ...
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Ontario Provincial Police
The Ontario Provincial Police (OPP) is the State police, provincial police service of Ontario, Canada. The OPP patrols Provincial highways in Ontario, provincial highways and waterways; protects Government of Ontario, provincial government buildings and officials, with the exception of the Ontario Legislative Building, legislative precinct; patrols unincorporated areas in northern Ontario; provides training, operational support, and funding to Indigenous police in Canada#Ontario First Nations Policing Agreement, some Indigenous police forces; and investigates complex or multi-jurisdictional crimes across the province. The OPP also has a number of local mandates through contracts with List of municipalities in Ontario, municipal governments and First Nations in Ontario, First Nations, where it acts as the local police force and provides front-line services. With an annual budget of nearly $1.4 billion, the OPP employed more than 6,100 uniformed officers, 500 auxiliary officers, a ...
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Malicious Prosecution
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action ( civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an a ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriag ...
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