14/7 roster = work 14 days straight, 7 days leave for rest and recuperation under a normal pay routine; useful for mining where workers are transported away from home and live on site
aboriginal = original or first people; in the colonial context, aboriginal populations were mistreated and subjected to genocide (some being eliminated completely), in order to gain access to the land and existing resources and to gain control over and marginalise or eliminate existing indigenous societies; aboriginal therefore can refer to indigenous populations in Canada, the US, the West Indies, the Americas, Africa, anywhere where original societies or first people were marginalised and replaced by a new ruling elite, bringing their own working class (or in the case of certain parts of the US and the West Indies their slaves) with them, and is not restricted to the 'Aboriginals' in Australia; aboriginal populations have special rights because of their place and position in society before the colonial period and their mistreatment under colonialism. See also Aboriginal, Aborigines, indigenous to.
Aboriginal = a recent defiant and proud adoption by Australian indigenous groups of a name that was assigned to them by a colonial ruling elite (a meaning that continued in Australia until the 1960s/1970s); adopting and providing new meaning to a name that had been used to justify marginalisation and acts of genocide against their peoples. It is said (See discussion) that this is in a process of change at present. See also aboriginal, Aborigines, indigenous to, Indigenous.
Aborigines = Australian original/first people; the name given to the existing indigenous populations by a colonial ruling elite keen to subject them to genocide in order to gain access to the land and existing resources and to gain control over and to marginalise and/or eliminate completely the existing indigenous population. Philosophical Note: The reason why this was necessary is explained clearly by Luke Pearson in his recent Blog http://aboriginaloz.blogspot.com/2011/06/indigenous-or-indigenous-is-same-as.html for to call the indigenous people 'Australian' would be to recognise from the outset certain rights that we have come to understand today as inalienable rights of indigenous populations and the colonialists as the 'interlopers'. See Indigenous. Philosophical Note: To call them "the Aborigines" was to assign them a place in the history of Australia in which they were already seen as a 'past' from which colonial societies had already developed. The 'original' and the 'new'. Acts against the 'Aborigines', now recognised as classic acts of genocide, were acceptable because this elimination was already written into this concept of the 'past' being promoted by colonial governments. See also indigenous to. See Paul Keating's speech at Redfern http://www.youtube.com/watch?v=hhqAFLud228&feature=player_embedded#; See Kevin Rudd's "I'm Sorry" speech http://www.youtube.com/watch?v=HB5eRqiP9Po&feature=related;
absolute = without question
absolute standard = an object that under specified conditions defines, represents, or records the level or magnitude of a unit. Usually expressed as a measuring device, a definition, or equation. An example of an absolute standard is the 'boiling point' of water. This is scientifically the point at which water is converted to steam (because of local temperature conditions). This is an absolute moment physically. The standard boiling point of water is 100 degrees C or 240 degrees F. The actual boiling point of water can never be an accurately predicted because local conditions impact on exactly what temperature this conversion will take place. However, this standard is used in scientific work every day. See also standard, comparative standard, normative standard, international standard
absolute liability = liable without question, independent of fault
absolute poverty = the numbers of families who cannot provide the basic necessities for life such as food (and water), clothing, housing and medical care and necessary social services, referred to in this list as those persons being below the life line. See poverty; See poverty line. Philosophical Note: In Australia there is a long tradition to begin any debate (especially by government agencies assigned the responsibility for dealing with poverty) on the extent of poverty in Australia with the assertion that "absolute poverty is likely to be rare and so it is correct to concentrate on relative poverty" (for a good example see the ABS white paper: Measuring Wellbeing: Frameworks for Australian Social Statistics, 2001 but, since there is no attempt by government to identify, record and report on persons below the life line or to accurately record and report on the cause of death of indigenous populations or to explain the difference in life expectancy between indigenous and non-indigenous populations in Australia, such statements are scientifically meaningless and dangerous in their impact on policy outcomes.
academic integrity = international standards for maintaining intellectual integrity in the academic environment or process; includes long-established rules for reference to and acknowledgment of the original source and ownership of ideas, terms, phrases and intellectual, scientific and political argument used in philosophical, scientific and creative research; also includes rules for the conduct of research, rules for the writing of academic reports, rules for the conduct of academic examinations, and rules for the preparation of a CV and for the writing of a letter of support and recommendation of a particular CV. One of the reasons for the development of academic styles was to formalise the academic commitment to academic integrity and make the academic integrity of a particular publication easier to evaluate; See integrity
accountable (to) = required (legally) to answer for your actions to the organisation (corporation, board, association, or body corporate, etc.) from which you derive your authority; this implies that you have accepted responsibility to act on behalf of the organisation and undertaken specific responsibilities/actions on its behalf under a written or implied Instrument of Delegation; See responsible (for); See Officer
acrimonious dismissal = the employer terminates the services of the employee because of a claimed failure of the employee to observe his/her obligations under contract requiring immediate removal from office
acrimonious resignation = the employee leaves the employ of the employer without the goodwill, agreement and consent of the employer
Act of God = natural event; to occur without human intervention to set it off; would have happened whatever human intervention occurred before the event
ad valorem = on the value of the thing
affirmation = a declaration that the statement is true, usually defined by a State law such as the Oaths Act, often used by a person who chooses not to make an oath because of its religious connotations. Like an oath, an affirmation is made under possible penalty for perjury.
affirmative action = positive discrimination permitted and promoted in an attempt to remedy past discrimination such as racism, sexism, ageism, ethnicity, culturism, homophobia, etc.; See also allowed discrimination
age discrimination = discriminate against older workers; usually not in the form of lower wages, but may take form of failure to hire or promote or encourage early retirement or lay-off disproportionately older/more experienced workers
agent = one in control of his/her actions and whose actions can be subjected to ethical consideration and evaluation
AIDS discrimination = failure to employ, or sacking, or severe restriction on freedom in the workplace due to HIV/AIDS; sometimes discrimination is directed at those suffering from HIV/AIDS and is based on ignorance and fear, or an unwillingness by an employer to get involved, as it may impact on company image or increase costs, etc.; sometimes the victims of AIDS discrimination are not the sufferers of HIV/AIDS but are innocent bystanders, for example, insurance concerns: if an employee's family is no longer covered because of changes to insurance coverage caused by the employee contacting HIV/AIDS, that would be AIDS discrimination
alienable right = a right not held by all; is given to a person and can be separated from the person by, say, an Act of Parliament or a ruling of the court. Some say this is not a right. See inalienable right. See contractual right.
allegation = assertion by one party against the other, without proof
allowed discrimination = under the Fair Work Act, s.351(a) that makes discrimination unlawful does not apply if the discrimination was (a) not unlawful under any anti discrimination law in force in the place where the action is taken; or (b) taken because of the inherent requirements of the particular position concerned; or (c) if the action is taken against a staff member of an institution conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed-taken: (i) in good faith; and (ii) to avoid injury to the religious susceptibilities of adherents of that religion or creed. (s.351(b)). See discrimination. See anti-discrimination law.
Anti-Discrimination Board of NSW = administers the Anti-Discrimination laws of New South Wales
anti-discrimination law = is given a specific meaning in the Fair Work Act: (aa) the Age Discrimination Act 2004 (CTH); (ab) the Disability Discrimination Act 1992 (CTH); (ac) the Racial Discrimination Act 1975 (CTH); (ad) the Sex Discrimination Act 1984 (CTH); (a) the Anti Discrimination Act 1977 (NSW); (b) the Equal Opportunity Act 1995 (Vic.); (c) the Anti Discrimination Act 1991 (QLD); (d) the Equal Opportunity Act 1984 (WA); (e) the Equal Opportunity Act 1984 (SA); (f) the Anti Discrimination Act 1998 (Tas.); (g) the Discrimination Act 1991 (ACT); (h) the Anti Discrimination Act (NT) (s.351(3))
apartheid = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; inhumane acts of a character similar to those referred as crimes against humanity, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime (Rome Statute of the International Criminal Court 2(h))
applied science = knowledge learned in pure science is understood, examined, investigated and applied, by scientific research in the real world; often performed to discover whether it is useful to society in general, whether it can solve problems, improve the quality of life, or make a profit
appropriate = (to the circumstances) a means of interpreting a possible outcome of a corporate decision or a possible action or a behaviour which concludes that, in the circumstances, it will have a positive impact on honesty, integrity, dignity, environment, health, safety, well-being, life expectancy, quality of life, etc. Should it have a negative impact, it shall be considered inappropriate.
arbitration = submission of a dispute to an impartial person or group other than the court in order to determine the case
arbitration = where a court is called upon to settle an industrial dispute by a ruling
arbitration tribunal = a board set up for the specific purpose of arbitration between employer and employee and/or union; (or between members of an agreement see Madrid Protocol on Antarctica); also known as arbitral tribunal
aristocracy = rule by principal persons of the state or by a privileged elite or an 'order' of privilege and power established for the purpose of restricting political power to a few; who can be replaced only by other/new members of the privileged elite; e.g. Norman barons under King Stephen 1135-1154; See also autocracy; bureaucracy; democracy; gynecocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
assent = where informed consent cannot be relied upon (e.g. where disability, age, illness, etc. limits that person's ability to be properly informed or limits their ability to communicate their consent or limits their power to properly judge whether consent should be given) some 'other' who can be relied upon to act in their best interests is required under a duty of care to provide their assent to some action by a third party before that action can be lawfully or ethically performed
assignee = the recipient of transfer
assignor = the transferor
asylum seeker = someone who is seeking international protection but whose claim for refugee status has not yet been determined. In contrast, a refugee is someone who has been recognised under the 1951 Convention relating to the status of refugees to be a refugee. Under Article 14 of the 1948 Universal declaration of human rights, everyone has the right to seek asylum. The 1951 Refugee Convention prohibits states from imposing penalties on those entering ‘illegally’ who come directly from a territory where their life or freedom is threatened. UNHCR via Govt Asylum Facts Paper (2011); See migrant; See refugee; See illegal immigrant; See unlawful non-citizen;
attest = bear witness
attestation clause = a clause in your will signed by the witness to say they saw you sign it and you did it in their presence and in the presence of the other witness, and similar declarations
audience = the readers of the document who need to understand all aspects of the document
autocracy = rule by a single individual having unlimited power who can be replaced only by his/her chosen single individual replacement; e.g. Libya under Gaddafi; See also aristocracy; bureaucracy; democracy; gynecocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
automatic rights = IP rights that come into effect at the moment of creation. No formal registration is necessary to protect these IP rights. In Australia, copyright and circuit layout rights are automatic rights.
bereavement leave = a clause in the contract of employment entitling the employee to time off during the time of death of a close relative
best practice = formulas and procedures that have proven successful in practice, identified by general international acceptance. In the HR world, best practice often refers to HRM models or key workplace agreements (between unions and major employers), sometimes developed locally and sometimes developed and widely accepted internationally and adapted to local workplace conditions
bias = influence a decision in an unfair manner; a minor form of discrimination positive or negative; e.g. recruitment bias towards male WASP; e.g. recruitment bias against indigenous applicants; e.g. recruitment bias resulting in a significant dominance of a particular religion in federal departments noted in the 1950s and 1960s; See also prejudice; See also glass ceiling; See also
biotechnology = the combination of applied biological science with technical/engineering techniques often in the development of new agricultural, medical, industrial, products, etc.;
blind eye, (turn a) = a general agreement not to raise an important issue, not to inquire, for fear of the result of the inquiry; to hide malpractice by general agreement to not seriously discuss, address, or investigate the practice; to limit the terms of the inquiry of a formal body to limit what it can find or conclude; Philosophical Note: 'Blind eye' is a serious issue in 'governance' and the 'ethics of governance' in the corporate world because it can have a major impact on operations, even restricting the overall mission. "Turning a blind eye" to a major malpractice can force other ethical malpractices to become the norm, made necessary by the need to restrict enquiry into this major malpractice. 'Blind eye' is a serious issue in 'governance' and the 'ethics of governance' at the government and semi-government level, too. The restriction of the terms of enquiry of, say, a Royal Commission into corporate malpractice, is an important widespread and endemic ethical failing at the highest levels of government in Australia, to which everyone turns a 'blind eye'. Recent examples include the restricting of the terms of inquiry into the AWB affair under the Howard government so that the finding would not result in a ruling of bribery by the Commission, and a subsequent declaration by that government that it was not bribery, even though everyone knew that it was (under the UN convention that describes bribery and that Australia was a signatory to). A change of government caused the case to be reopened and charges to be laid. However, in that commission, revelations of systematic bribery of government officials by BHP-Billiton were ignored because they were outside the terms of that commission and were never taken up because they were understood to be part of a normal practice of "doing business in the third world", which was how the Howard government attempted to define the AWB bribery. 'Blind eye' can affect the country as a whole: No serious attempt has been made to describe the treatment of indigenous peoples in Australia by both State and Federal governments both in the past and the present as genocide even though if the same treatment occurred in a 'third world' country it would be. This is because to admit that it is would be to accept that current and previous malpractices in relation to indigenous populations are a crime against humanity with disastrous consequences for current and previous governments/territory administrators. Many now understand that it is, but we say nothing. While the PM now has said "I'm sorry!" in relation to the "removal of children" by previous governments (a classic act performed in genocide), as to a proper dealing with past and present treatment of indigenous populations as 'genocide', everyone turns a 'blind eye'. And 'blind eye' can affect the world as a whole: No serious attempt has been made to describe the dropping of atomic bombs on civilian populations by the US in 1945 as a war crime, even though if some rogue state performed the same malpractice today it would be, because to admit that it is would have disastrous consequences not just for those involved at the time, but also for the current US administration, with whom we seek to have an important and lasting friendship. If the UN were called upon to evaluate the US decision to bomb Hiroshima and Nagasaki against the Rome Statute of the International Criminal Court they would have no choice but to admit that it was a serious war crime. Therefore, to maintain important ties with the most important country in the world, almost all other nations, including the nation upon which the war crime was perpetrated, prefer to turn a 'blind eye' and, as a result, the UN has never been asked to consider it. While everyone recognises that the event occurred, and that it was somehow wrong, no-one ever speaks of it as a 'war crime'. The main reason for treating genocide, war crimes, and crimes against humanity differently is the personalising of the crime by the UN and their failure to recognise a statutory limitation, meaning that it is going to impact enormously on current administrations, charges may be laid and past and present officials taken to The Hague, and serious reparations will need to be paid.
Board = Board of Directors as defined in the Corporations Act, 2001
bonus = additional payment made over and above required wage as per employment contract for performance and/or productivity levels over and above normal levels
bribe = money or gift offered to alter the behaviour of the recipient; it is probably always wrong or unethical; it is unlawful when the recipient is in a position of public responsibility, a position of trust, a person required to act in accordance with constitutional requirements, rules of engagement, operational rules, code of conduct, in accordance with a duty of care or fiduciary responsibility (responsibility for others); the bribe is offered to induce the recipient to act in a manner inconsistent with that responsibility
bureaucracy = rule by (non-elected officials staffing) bureaus or departments who can pass power on to other recruited officials; e.g. rulers of the Qing dynasty 1644-1911; See also aristocracy; autocracy; democracy; gynecocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
candour = openness and honesty; not always the relevant strategy; some ethical obligations call for discretion, limited release, maybe even secrecy; See confidentiality and privacy. See also authentic
change focus = benchmarking: ethical, functional, strategic, process-oriented, customer service, worker satisfaction, career-oriented
civil rights = what started out as a way of identifying how black Americans were treated differently under the law because of their race, has entered into language as a way of expressing universal human rights in civil society
civil society = non-governmental organisation in society; trade unions, political parties, NGOs, charity organisations, incorporated associations, non-incorporated associations, cooperatives, companies limited by guarantee, clubs, societies, religious organisations, community-based organisations, civic movements, advocacy groups, etc.
code of conduct = a document designed to influence the behaviour of employees and to establish an agreed set of minimum requirements that are placed upon an employee by the workplace they work in or the position that they hold. The code of conduct is sometimes incorporated with the contract of employment to ensure that it is strictly enforced (in particularly important legal circumstances), with particular consequences if it is not
code of ethics = a set of principles adopted by the company governing "right and wrong conduct" by the company and its directors, shareholders, management and staff. It can be extended to include the expectations of the company regarding "right and wrong conduct" by joint venture partners and contractors and suppliers or even customers, politicians and members of the public (which might include a restraint of trade based on moral principles). A code of ethics is at a very high level. It usually takes the form of a declaration made by the board of directors and made freely available to the public
code of practice = an agreed set of activities, actions, technical requirements, responsibilities or responses to events or conditions that apply to a profession, trade or industry. These are often based on international or national standards. Often these codes of practice have been agreed by a professional body in an act of self-regulation, considered necessary to restrict entry into the profession and to ensure that general professional practice is conducted at the highest level of integrity and quality. Sometimes industrial or professional codes of practice are formalised into law, with particular practices described and strict requirements placed on employers and employees, and with penalties if not strictly enforced
commercialisation = turning a good idea, an invention, a patent into a product available to be sold on the market
comparative standard = an acknowledged measure of (quantitative or qualitative) value used in comparison. Usually expressed as a logical relationship, a set of or array of definitions or equations contained within a formal relationship, or mathematical formula. Measurement can only be comparative, and, when measuring in the real world, standards are very important. For example, pressure under the sea is measured in 'atmospheres', that is to say one atmosphere under water is equal to the same pressure that one would experience from the air standing at sea level. The standard for 1 atmosphere is 10 metres, meaning that, in the sea, every 10 metres you descend pressure increases by the same amount as that pressure experienced from the air at sea level. This standard is not an accurate measurement and in fact there cannot ever be an accurate measurement, as pressure changes at sea level depending on local circumstances. This standard is nevertheless a useful standard and one which is responsible for saving many lives. See also standard; See also absolute standard, international standard, normative standard
complicit genocide = an act of genocide, that is, an act committed by one party with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, with the assistance or approval or encouragement of another; Note: an act committed with the knowledge of another and their failure to recognise it, to bring it publicly to the attention of the UN and the International Criminal Court or to publicly condemn and/or to take direct action to force the perpetrator to cease and desist is complicit genocide; Note: almost every act of genocide is, at some point at least, complicit genocide (See blind eye); See also crime against humanity, war crime, ethnic cleansing
competency-based training = special training based on the competency of the employees and training and completion and certification is based on ability to perform particular tasks at an agreed level of competency
conciliation = disputes are settled by each of the parties in a dispute assigning the role of mediator to a third (unbiased) party and both agreeing to abide by the outcome
conciliation tribunal = a more formal legal body involved in conciliation
confidentiality, assumption unless otherwise = a professional assumption, unless otherwise discussed and freed for general debate and consideration, that that which is done or communicated in trust is confidential
confidentiality, duty of = obligation of a lawyer to protect their client's information; some information is confidential because of the circumstances in which it is created, for example a communication from client to lawyer for the purpose of obtaining advice
confidentiality, limits to = the professional duty of confidentiality is limited by (a) information is in the public domain; (b) information is owned by someone else; copyright; patent; (c) legal instrument upheld by court proceedings; (d) court ruling; (e) subpoena; (f) professional code of practice; (g) danger to another.
confidentiality, agreement = an agreement between two parties: some information is confidential because a deed or agreement says that the person receiving the information should not disclose it to a third person. The 'deed' format is useful whenever the 'value' being transferred in exchange for a promise is zero or undefined or undefinable. A deed is the normal form of a Confidentiality Agreement in which no direct payment for the information is being made to the discloser by the receiver and there is no direct payment by the discloser to the receiver to secure confidentiality (which is usually the case).
confidentiality, part of another agreement = contracts of employment, or subcontracting agreements, often contain clauses that say certain sorts of information passing between the parties will not be disclosed to third parties
conflict of interest, divestment = a person in a position of trust or an official is called upon to make a fiduciary decision as a normal part of their office but has properties, engagement, business interests, personal financial interests, or obligations to another, that could or might be expected to influence that decision. The official is required to divest him/herself of those matters that will/could influence those decisions or resign
conflict of interest, removal = a person in a position of trust or an official is called upon to make a one-off fiduciary decision but has personal financial interests or obligations to another, such as business/personal/familial relationships, but might even include such things as kick-backs, bribery, coercion, intimidation, extortion, etc. that could or might be expected to influence that decision. The official is required to remove him/herself from the decision making process.
conflict of interest, third party representation = a professional is called upon to represent the interests of a client but already represents the interests of another client who has opposing interests that could or might be expected to influence the quality of representation that could be expected by this client. The professional is required to refuse to represent the client
consensus = broad-based agreement
consent = term of agreement
consideration = something of value given to the other party in return for their promise
constitution = a set of defining principles and operational rules that define the nature and extent of governance (of an organisation, a company or a country), its mission, its principles, what it considers to be right and wrong, who will govern it, how it will operate
constitutional requirement = a member of an organisation is bound by the constitution of that organisation; by agreeing to the constitution upon admission as a member, the member accepts the constitution as if it were a law; all requirements placed on members by the constitution must be adhered to; to act otherwise is unethical and (usually) unlawful; if you want to act differently, first change the constitution; See legal requirement;
consumerism = personal values are dominated by the importance of shopping and the act of purchase
contra = against
contract = an explicit agreement between two or more parties that is freely entered into by each of the parties and which normally involves terms containing (a) consideration passing between the parties of something of value, (b) a moment of the meeting of the minds, (c) a shaking of the hands, and (d) an understanding of a time frame in which the terms of agreement shall apply. It does not need to be written down; if these elements exist, it is a contract
copyright = laws to protect the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art, literature, music, films, broadcasts and computer programs from copying and certain other uses.
corporate = terms & acronyms that might be of interest to management and corporate operators
corporate document = legal or political document required to run the company
corporate governance = See GB008.1:2005 - Implementing Effective Corporate Social Responsibility and Corporate Governance - A Framework; See GB 008.2:2005 - Implementing Effective Corporate Social Responsibility and Corporate Governance - A Guide; See GB 013.8-2005 - Integrated Management Systems (IMS) - Risk Management for Good Governance
corporate performance management (CPM) = an umbrella term that describes all of the processes, methodologies, metrics and systems needed to measure and manage performance
corporate social responsibility = the responsibility of a corporation that exists in society because of the mission of the corporation and the history of society in which the corporation operates or seeks to operate; See moral responsibility; See social responsibility; See mission;
corporate social responsibility = See GB008.1:2005 - Implementing Effective Corporate Social Responsibility and Corporate Governance - A Framework; See GB 008.2:2005 - Implementing Effective Corporate Social Responsibility and Corporate Governance - A Guide
cost-benefit analysis (CBA) = tool of analysis used by managers when they are deciding to fund a proposed change. In the last thirty years, CBA has been widely used in both government and industry as a systematic, analytical set of logical statements (an argument) for going ahead with or abandoning a proposed change. It has been written into change control frameworks and policy & procedures frameworks, giving managers and decision-makers reason and confidence when making major decisions. CBA seeks to identify and clarify both costs and benefits arising from any major decision. This includes both overt and covert costs and benefits. CBA assumes that an analyst can measure all the costs and all the benefits and compare them. If the benefits outweigh the costs, it is worth doing. If the costs outweigh the benefits, it is not worth doing. While it is obvious to all that a major decision cannot ethically be purely based on the bottom line, the 'broadness' of the terms used in CBA gives rise to important ethical concerns. Philosophical Note: Although CBA seems to have a moral 'completeness' written into its objectives and seems to promote 'awareness' of all impacts of the particular decision under review, it is the truth or veracity of the underlying assumption behind CBA that makes many people hostile to or wary of or uncertain of the ethical 'correctness' of CBA in promoting 'correct' decisions by corporate managers and government decision-makers. See CBA ethical considerations
coup d'etat = a change of government by force; unconstitutional change
CPM = corporate performance management
crime = an offence under a 'Crimes Act' or considered an offence at Common Law
crime against humanity = (as per Rome Statute of the International Criminal Court) acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. See also genocide, war crimes, ethnic cleansing
criminal = related to the committing of an offence under the Crimes Act
criminal = offender
criminal action = commencement of committal proceedings
criminal barrister = barrister who takes his/her briefings from a criminal solicitor
criminal court = Magistrates' Court, Intermediate (District/County) Court, Supreme Court
criminal law = law relating to crimes (felony or misdemeanour). Crimes are offences against the state; they are investigated by the police, prosecuted at public expense, and are punished by fines and incarceration. Crimes against humanity are committed by the state and are therefore usually not investigated, prosecuted or punished, leading to the need for international law, international bodies and an international criminal court.
criminal solicitor = solicitor who specialises in criminal matters
CRM = customer relationship management
CSR = corporate social responsibility
curriculum vitae = a description of the background, skills and experience of an applicant being considered at the moment of recruitment, prepared by the applicant according to established general principles agreed across the profession. The words curriculum vitae is an old fashioned name for a r?sum?, still used in Australia, but more likely in more traditional professional positions such as medicine, law, accountancy and academia; those areas of the economy that still have strong links with Australia's British past
danger money = additional rates per hour (similar to increased rates for overtime) as an inducement for employees to undertake tasks that are known to have a higher level of risk; not considered as an acceptable means for transferring risk responsibility from the employer to the employee
deceit = practice of dishonesty to gain or cause loss
deductions = deductions from wages made by the employer for payments required under PAYG arrangements before paying the (net wages) to the employee
deductions = net wages must be paid in full (s.323) (other than certain special deductions permitted by s.324 which must be authorised in writing by the employee and may be varied or withdrawn at any time by the employee)
deforestation = land clearing; elimination of bush/forest for agriculture
democracy = rule by properly (free & fair) elected representatives elected by all persons, where the notion of equality is key, who can be replaced by immediate or by regular elections; e.g. the Corsican Republic 1755; See also aristocracy; autocracy; democracy; despotism; gynecocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
dependant = a person wholly or partially supported by (the employee) for the necessities of life
deportation = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law (Rome Statute of the International Criminal Court 2(d))
despotism = rule by a single person who governs by his own will under threat of punishment and violence who can be replaced by another under threat of punishment and violence; See also bureaucracy; aristocracy; autocracy; democracy; gynecocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
development = a policy that recognises the need for personal development of the employee and a commitment by the employer to assist in this development; there are usually two forms of development: (a) development needed to improve productivity and quality of performance and (b) personal betterment; both could be important for job satisfaction and retention
disbursement = money paid out of the available cash for claimable charges and proper expenses incurred
disclaimer = a warning that I will not accept a particular responsibility that may be usually associated with this
discharge = to get rid of an obligation, responsibility, liability, or debt (usually by performing or paying it but could be by express agreement between the parties to discharge; or breach of condition by the other party etc.)
discipline = controlling behaviour through rules and punishments, a set of given instructions
disciplinary action = formal action to discipline someone for inappropriate behaviour that has violated a policy or set of conditions
discretionary bonuses scheme = performance-based pay scheme
discrimination = adverse action by an official, government officer, director, officer, employer etc. based on the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin (s.351). See allowed discrimination. See anti-discrimination law.
discrimination = See race-discrimination
discriminatory = has either the purpose or the effect of impairing particular rights and/or freedoms of a member of a group in society; may be based on that person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin (s.351).
dismissal = under common law, a special contract termination: one that sees the employer terminate the employment contract without the goodwill, agreement, and consent of the employee; See unfair dismissal; See wrongful dismissal; under the Fair Work Act a termination at the employer's initiative or a forced resignation but does not include termination at the end of an agreed season, period or task, at the end of an agreed period employed for training only, or demotion
double time allowance = a requirement set by the contract of employment for doubling the basic wage rate under special circumstances such as overtime on the weekend or public holidays
due process = an agreed procedure or process implemented to be applied and necessary in all cases for a given decision, ruling, judgment, application, appointment, assignment, granting, etc. to be fair and seen as fair
duplicity = defining a phrase as being twofold, phrase or charge that outlines more than one offence
duty = obligation
duty of care = legal obligation (usually as a result of accepting a job, a particular undertaking, a responsibility or a title or position in which risks are known and/or implied) to understand the risks to others and to do everything that can be reasonably expected to avoid those risks
duty statement = a formal written description of duties required under a particular contract of employment; an integral part of the contract of employment; also called a position description or a job description
EAP = Employee Assistance Programme
earnings = An employee's earnings include: (1) the employee's wages; and (2) amounts applied or dealt with in any way on the employee's behalf or as the employee directs; and (3) the agreed money value of non monetary benefits; and (4) amounts or benefits prescribed by the Regulations; and (5) non monetary benefits to which the employee is entitled in return for the performance of work; and for which a reasonable money value has been agreed by the employee and the employer; and (6) contributions that the employer makes to a superannuation fund to the extent that: (i) the employer would have been liable to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the person if the amounts had not been so contributed; and/or (ii) the employer is required to contribute to the fund for the employee's benefit in relation to a defined benefit interest (within the meaning of section 292 175 of the Income Tax Assessment Act 1997) of the employee; and/or (iii) the employer is required to contribute to the fund for the employee's benefit under an Act of the Commonwealth, a State, or a Territory. However, an employee's earnings do not include: (a) payments the amount of which cannot be determined in advance (such as commissions, incentive based payments and bonuses, and overtime (unless the overtime is guaranteed)); (b) reimbursements; (c) contributions to a superannuation fund to the extent that they are contributions to which subsection (4) applies; (d) amounts prescribed by the Regulations. (See s.332)
EBA = Enterprise Bargaining Agreement
educational rights = education shall be free, at least in the elementary and fundamental stages A26.(1)
educational rights = elementary education shall be compulsory A26.(1)
educational rights = technical and professional education shall be made generally available A26.(1)
educational rights = higher education shall be equally accessible to all on the basis of merit A26.(1)
educational rights = education shall be directed to the full development of the human personality A26.(2)
educational rights = education shall promote understanding, tolerance and friendship among all nations, racial or religious groups A26.(2)
educational rights = education shall promote the maintenance of peace A26.(2)
EEO = equal employment opportunity
employment rights = the right to just and favourable remuneration ensuring for him/herself and his/her family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection A23.(3)
encumbrance = a weight around my neck; a responsibility that needs to be satisfied in the future; a liability; a charge; a burden such as an easement on the land
endorse = to make clear your support or agreement by signing and writing your name on a document
enforced disappearance (of persons) = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time (Rome Statute of the International Criminal Court 2(i))
enslavement = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children (Rome Statute of the International Criminal Court 2(c))
equity = body of law dealing with matters affecting conscience that fall outside the Common Law
estoppel = legal principle that bars a party from going back on what the party has previously said if the other party relies on that statement
ethnic = an association or a grouping of individuals in society defined by an oppressor as justification for ethnic cleansing, genocide, war crimes, and crimes against humanity; Philosophical Note: many good writers use the word 'ethnic' in their description of societies and cultures with good intentions, but they are usually making a mistake when they do that. 'Ethnic' concentrates on such matters but it is always the social customs, social formations, familial customs, language, writing & linguistic styles, art, music, literature, culture, doctrines, tenets, beliefs, teachings, etc. of the 'other', and this 'other' is always the first world looking at the 'interesting', 'fascinating', 'unusual' etc. character of the third world; the majority looking at the minority; the oppressor looking at the oppressed. This 'ethnic enquiry' is an academic exercise whose increased interest coincides with the increased importance of colonialism, the universities of the 'home country' recording the interesting character of the pre-colonial society before the settling of the colony and its relentless 'progress' changed it beyond recognition (a bit like giving over the site to the archaeologists and anthropologists to perform an archaeological digging before allowing the 'developers' in to "put up a parking lot"), now understood as caused by acts of genocide and ethnic cleansing by the colonial power. The word 'ethnic' has a genetic undertone to it because the racism of the colonial period assumed that the 'races' found in the colonies were 'genetically inferior' and were certain to be temporary in the face of progress; all ideas that have been disproven and when applied today agreed to be unethical.
ethnic cleansing = a crime against humanity; a particular deportation or forcible transfer of population; the planned deliberate removal, by force or intimidation, from a specific territory of all persons perceived by the oppressor as being members of a particular ethnic group in order to render that area ethnically homogeneous; may be conducted at the same time as genocide; See also war crime
ER = employee relations
ETI = ethical trading initiative
euthanasia = an act performed (or not performed) for the purpose of deliberately ending a person's life; specifically a generous act to limit suffering and pain, therefore not an act of murder or manslaughter
euthanasia (active) = (another person) acts to deliberately end a person's life by acting
euthanasia (passive) = (another person) acts to deliberately end a person's life by failing to act
evaluation = evaluation can be either descriptive or normative. Descriptive evaluation may range from simple measurement to complex judgment about such things as the presence of mineral deposits. Normative evaluations involve judgments as to whether something is good or bad in some respects, a value judgment.
exclusive licensee = a licence granted by the patentee and conferring on the licensee, or on the licensee and persons authorised by the licensee, the right to exploit the patented invention throughout the patent area to the exclusion of the patentee and all other persons
ex gratia = gratuity
ex gratia payment = a payment made for which there is no reciprocal obligation
explanation, agency = written record of an agent's reasons or motives for action; account
explanation, scientific = written record of the scientific process or outcome, explaining the scientific or mathematical reasons for the outcome
exploit = (a) (where the invention is a product) to make, hire, sell or otherwise dispose it, offer to make, sell, hire or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or (b) (where the invention is a method or process) use the method or process or do any of those things in respect of a product resulting from its use.
extermination = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population (Rome Statute of the International Criminal Court 2(b))
fair value = a revaluation of a non-current asset to the amount for which the asset could be exchanged to a third party (AASB 1041)
faithful = in true (honest) belief
familial rights = the right to a standard of living adequate for the health and well-being of him/herself and of his/her family, including food, clothing, housing and medical care and necessary social services A25.(1)
fiduciary responsibility = many elected positions come with responsibility to protect and further the interests of others and to place those interests before my own (these interests are known as fiduciary; this may be a constitutional requirement or a legal requirement which comes with the position and places me in a position of trust in relation to my constituency and in relation to wider society (in a position of public responsibility);
forced pregnancy = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law (Rome Statute of the International Criminal Court 2(f))
forced redundancy = (misnomer) involuntary retrenchment
foreclose = to take up a clause in the contract which allows the lender to take possession and force the sale early because of a failure of the owner/borrower to meet his/her obligations under contract
forgery = creation or alteration of a document so that it is false
fraud = false representation by words or conduct with intention of financial gain
frustration = an event causing a discharge
fundamental breach = a term or a condition of such importance that a breach is not a viable course of action; that is to say that the party suffering the breach would not have entered into contract if he/she could have anticipated a possible breach; See anticipatory breach
genocide = (as per Rome Statute of the International Criminal Court) an act committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. See also crime against humanity, war crime, ethnic cleansing
genuine redundancy = (1) A person's dismissal was a case of genuine redundancy if: (a) the person's employer no longer required the person's job to be performed by anyone because of changes in the operational requirements of the employer's enterprise; and (b) the employer has complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy. (2) A person's dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within: (a) the employer's enterprise; or (b) the enterprise of an associated entity of the employer. (s.389)
gift = personal property (real estate property, money or other item of value) given by one person to another who is not providing, and is not required to provide, anything in return
gift = gratuity
glass ceiling = a hidden barrier to advancement of a person within an organisation because of that person's membership of a group in society which could include the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin (s.351) ; a form of discrimination
global village = globalisation
global warming = changes in global climate patterns; continuous increase in average daily temperature over time across the world leading to disastrous consequences; it is happening and time frames are becoming shorter and shorter; dynamic generalised disaster in progress; See climate change; See greenhouse gas emissions
globalisation = increasing tendency for trade to include products from outside the national border; increasing international trade; commercial and industrial decision-making increasingly likely to include impact on more than one nation state; as production increases in size and use of resources it is more likely to impact on the whole of humanity not just the nation of origin
glossary = a list of words that have special meaning because of their context of use and an explanation of the special definitions assigned to them
good faith = a common term in law: 'in good faith' has been understood in the Australian legal context to mean a shortened way of saying "sincerely believing it to be 'correct' or 'true', so help me God"; now more likely to be understood as a declaration of a commitment to honesty, integrity, openness and transparency; a claim that others can have faith in my decisions as based on truth or as a clear attempt to achieve the best outcome; See also in good faith
gratuitous = free, not requiring payment or consideration
gratuitous gift = transfer of money/property etc. of future worth or value not requiring payment or consideration (usually unenforceable because of its gratuitous nature)
gratuitous promise = promise of action, transfer etc., not requiring payment or consideration (usually unenforceable because of its gratuitous nature)
grave misconduct = misconduct of the employee of a type and seriousness that would make it unreasonable for the employer to continue the employment during the period of notice, (may include such misconduct as theft, assault, fraud, or particular misconduct prescribed by Regulation)
guarantee = an agreement in which one party (the guarantor) agrees with the other party (the creditor) to take responsibility for another's (the debtor's) debt entered into by the debtor in a separate contract should (s)he fail to meet the terms of that other contract
guarantor = individual that is responsible for another's performance under contract, someone giving a guarantee
gynecocracy = rule by women who can pass power on to other women; See also democracy; despotism; bureaucracy; aristocracy; autocracy; kakistocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
habeas corpus = a writ used to emphasise the liberty of the subject in the administration of justice in Australia; a court must decide if he/she in custody is lawfully in custody and if not order their immediate release
HB 436:2004 = Risk Management Guidelines Companion to AS/NZS 4360:2004; See AS/NZS ISO 31000:2009
HIV = Human Immunodeficiency Virus = an infection leading to AIDS
homicide = a killing of one human being by another (accidental, murder or manslaughter)
homophobia = (literally "fear of homosexuals" but similar to racism, sexism) organised political campaign in society against victims suffering generally from homosexual discrimination to have them treated differently and generally increase discrimination and homosexual vilification
honest = true
honesty = truth; without lie
hostile witness = a witness who testifies for the opposing party; subject to cross-examination by the party to whom that witness is opposed
HREOC = Human Rights (and) Equal Opportunities Commission
Human Rights = as per the Universal Declaration of Human Rights
A1. = All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
A2. = Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional, or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
A3. = Everyone has the right to life, liberty and security of person.
A4. = No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
A5. = No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
A6. = Everyone has the right to recognition everywhere as a person before the law.
A7. = All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
A8. = Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
A9. = No one shall be subjected to arbitrary arrest, detention or exile.
A10. = Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his/her rights and obligations and of any criminal charge against him.
A11.(1) = Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which (s)he has had all the guarantees necessary for his/her defence.
A11.(2) = No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
A12. = No one shall be subjected to arbitrary interference with his/her privacy, family, home or correspondence, nor to attacks upon his/her honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
A13.(1) = Everyone has the right to freedom of movement and residence within the borders of each state.
A13.(2) = Everyone has the right to leave any country, including his/her own, and to return to his/her country.
A14.(1) = Everyone has the right to seek and to enjoy in other countries asylum from persecution.
A14.(2) = This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
A15.(1) = Everyone has the right to a nationality.
A15.(2) = No one shall be arbitrarily deprived of his/her nationality nor denied the right to change his/her nationality.
A16.(1) = Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
A16.(2) = Marriage shall be entered into only with the free and full consent of the intending spouses.
A16.(3) = The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
A17.(1) = Everyone has the right to own property alone as well as in association with others.
A17.(2) = No one shall be arbitrarily deprived of his/her property.
A18. = Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his/her religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his/her religion or belief in teaching, practice, worship and observance.
A19. = Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
A20.(1) = Everyone has the right to freedom of peaceful assembly and association.
A20.(2) = No one may be compelled to belong to an association.
A21.(1) = Everyone has the right to take part in the government of his/her country, directly or through freely chosen representatives.
A21.(2) = Everyone has the right of equal access to public service in his/her country.
A21.(3) = The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
A22. = Everyone, as a member of society, has the right to social security and is entitled to realisation, through national effort and international co-operation and in accordance with the organisation and resources of each State, of the economic, social and cultural rights indispensable for his/her dignity and the free development of his/her personality.
A23.(1) = Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
A23.(2) = Everyone, without any discrimination, has the right to equal pay for equal work.
A23.(3) = Everyone who works has the right to just and favourable remuneration ensuring for him/herself and his/her family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
A23.(4) = Everyone has the right to form and to join trade unions for the protection of his/her interests.
A24. = Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
A25.(1) = Everyone has the right to a standard of living adequate for the health and well-being of him/herself and of his/her family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his/her control.
A25.(2) = Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
A26.(1) = Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
A26.(2) = Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
A26.(3) = Parents have a prior right to choose the kind of education that shall be given to their children.
A27.(1) = Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
A27.(2) = Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which (s)he is the author.
A28. = Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised.
A29.(1) = Everyone has duties to the community in which alone the free and full development of his/her personality is possible.
A29.(2) = In the exercise of his/her rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
A29.(3) = These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
A30. = Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. See rights
iceberg principle = most dangers lie below the 'waterline' in problems that are at present unforeseen and therefore unrecognised; the analysis is too simplistic to deal with the real dangers
illegal immigrant = a person who enters Australia without meeting the legal requirements for entry (without a valid visa, for example) or (usually) one who enters Australia meeting the legal requirements for entry (with a valid visa, for example) but who overstays this valid visa. See asylum seeker; See migrant; See refugee; See illegal immigrant; See unlawful non-citizen;
imprisonment = (or other severe deprivation of physical liberty in violation of fundamental rules of international law) a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population
in good faith = bona fide; a measure of the intention involved in decision making, especially those decisions made under fiduciary duty or duty of care; when a decision is made "in good faith" it is made with good, honest intention; with conviction that the outcome of the decision (made with complete transparency) will have proper outcome; with honest belief that the 'facts' upon which the decision was made were true; with conviction to the 'truth' of an assumption or 'appropriateness' of a proposition used to decide a method or strategy to achieve a particular outcome; with conviction to the complete 'correctness' of a formal code of ethics, code of conduct, code of practice or body of opinion dictating performance; See good faith; See good faith provision; See good faith clause
inalienable right = a right held by all; cannot be separated from the person by, say, an Act of Parliament or a ruling of the court. Philosophical Note: it has been generally agreed since the beginning of the Enlightenment that certain rights exist that are inalienable, though what this inalienable character of certain particular rights is based on is less clear or less universally agreed. There are at least three basic philosophical undertones you might find attached to any claim to inalienable rights: 'theism', 'humanism' and 'historicism'. (a) Theism: The American Declaration of Independence seems at first glance to base its claim to inalienable rights on theism: that humans are endowed with certain unalienable rights by their creator, but since this declaration was happening at the moment when societies around the world were attempting to replace with democracy the powerful monarchies of the Middle Ages, such as the British, French and Ottoman Empires and religious organisations such as the Vatican, that severely limited the freedom of their subjects and based their right to do so on a 'divine right' handed to them as the representative of God on earth, this 'theism' in the first sentence of the Declaration seems little more than a means of representing humanism in a manner that is difficult for those theistic monarchies to oppose without revealing their true character. In fact, the theists have never been particularly strong on promoting the "rights of man", for to do so generally meant limiting the power and influence of the church. (b) Humanism: Humanism bases its claims to inalienable rights on the fundamental character of 'man": humans are fundamentally social, cooperative, caring, sharing and compassionate, and need those characters to be 'human'. Humans naturally are involved in "Life, Liberty and the pursuit of Happiness" because it is the character of 'humans' to do that. Certain human rights are therefore inalienable, because without them a person is 'less than human'. The importance of 'democracy' or the "right of universal suffrage" is that it gives society the best possible chance of combining this fundamental character of humanity into the structures of a complex society. Problems arise in society when individuals abandon or over-ride or ignore these human rights for personal gain. They benefit at the expense of others and of society as a whole. When they do that they are acting in a manner that is "less than human". To remove those problems and protect society from them happening again, society needs means by which general human rights can take precedence over individual promotion, prestige, privilege and power. (c) Historicism: Historicism is similar to humanism and comes up with similar conclusions but is critical of humanism for its 'idealism'; that the humanists are performing the same mistake as the theists by importing a kind of something 'divine' in this 'ideal' character of 'man' that the humanists have in their head, implying a type of 'perfect man' that nobody quite lives up to but everyone is striving for, that even those who are not striving for it are striving for it, even if they don't know it. The historicists say that there are going to be moral structures, decisions have to be made, and there is good and bad (right and wrong), and these can be understood by looking at the history of society; what is good and what is bad has been learned over time, by painful experience. And it is good for society to strive for a 'better' life. This can be done by looking at history: Certain mistakes have occurred in the past. We can learn not to commit the same mistakes in the future by reading history. We can know right and wrong and don't need the 'divine' or the 'ideal' to know it. 'Man' is fundamentally social and cannot be anything else; a 'human' cannot exist without society; when an individual places his/her wants and desires over the needs of 'society in general' it is a lie; he/she is simply hiding the true character of the society in which an individual must operate in order to survive and to prosper; to 'maximise the good' and 'minimise the bad' society needs certain human rights to be upheld and these rights are inalienable because they are fundamental to the 'social' character of human life. The UN's Declaration of Human Rights implies that they are inalienable but doesn't concern itself with why they are, leaving it up to the reader to decide. See alienable rights
indemnity = sum paid from one person to another; compensation for a loss
indenture = legal contract between two parties, form of deed
indigenous to = a term originating in biology limiting a certain species to a particular region; adapted and used by colonialists during the colonial period to describe particular human populations "indigenous to" places of interest they were finding in their quest for colonial settlements; a racist concept from its inception; See also aboriginal, Aboriginal, Aborigines, Indigenous
Indigenous = officially (by associations & NGOs) recognised as a member of Aboriginal & Torres Strait Islander populations; in recent decades a racist term 'indigenous to' has been turned into a term of inclusion and identity and it is being used world-wide as a generic term that includes similar populations across the world; See also aboriginal, Aboriginal, Aborigines, indigenous to
informed consent = an obligation placed on those given authority to make decisions that will impact on an individual or a group of individuals to only conduct their work after obtaining (joint and) several informed consent from (each) individual whose life will be impacted by the decision. To be an informed decision the decision-maker must fully understand the decision, each option, and the impact of each option, which means that the authority must fully disclose all information necessary to making the decision, each individual must be able to comprehend the information and its impact on the decision, the impact of each option on their lives (and on the lives of others), they must be competent in making the decision and free from duress or from the unreasonable influence of others on their decision. See also assent; See also autonomous choice; See also the right of self-determination
injunction = an order by the court requiring a person to refrain from committing an act that they are presently performing or may or will or intend to in the future
innovation patent = a form of protection available in Australia for comparatively minor innovations and improvements. Protection is available through IP Australia for up to eight years. For suitable subject matter, innovation patents require only novelty and an 'innovative step' to be valid.
inventor = a person whose involvement and contribution was essential to the development of the invention
International Standards = the risk management concepts employed in the Risk Management Policy Manual are generally based on AS/NZS 4360:2004; See AS/NZS ISO 31000:2009; Operational Risk Concepts are based on WGOR Level 1. Any concept of quality employed is generally based on ISO 9001:2000
instrument = a formal, written legal document
integration = a campaign to modify the ethnic character of a particular minority to make it indistinguishable from the majority; a campaign whose objectives are similar to those of ethnic cleansing but without the violence
integrity = completeness and togetherness; unimpaired; nothing amiss; each interactive part provides a necessary, meaningful, systemic contribution to a complete and meaningful whole
intellectual integrity = international standards for intellectual excellence in society; the interplay of two fundamental principles: while (1) society in general owns the results of intellectual excellence because society in general provides the resources and the environment in which such excellence can be pursued, (2) the individuals in society responsible for new ideas, invention, creativity and the maintenance of intellectual excellence are entitled to be recognised by the rest of society for the important role they play; this includes the rules for academic integrity which are the rules for maintaining honesty in the academic environment or process but extends such rules to society in general and includes formal rules for restricting society in general's rights to have access to or apply new ideas, inventions, etc. (intellectual property (IP) rights) or limit society in general's rights to copy and distribute the results of an individual's creativity (copyrights), in order to reward those responsible for new ideas, invention, creativity, etc. with the right to make profit from their excellence for a given time frame before these ideas naturally become owned by society in general; See integrity
intellectual property (IP) = the property of your mind or intellect. Types of IP include patents, trade marks, designs, confidential information/trade secrets, copyright, circuit layout rights, plant breeder's rights, etc.
intellectual property (IP) = the property of your mind or intellect
intellectual property (IP) rights = internationally agreed formal rules for breaking the informal rules for society to benefit from the pursuit of scientific or academic excellence (intellectual integrity) by its members; these include intellectual property (IP) rights such as automatic rights (copyrights and circuit layout rights) and registered intellectual property (IP) rights (such as patents, trade marks, patents, designs, and plant varieties)
International Patent Classification (IPC) = established by the Strasbourg Agreement 1971, provides for a hierarchical system of language independent symbols for the classification of patents and utility models according to the different areas of technology to which they pertain
internationalism = promoting identification between ordinary people in all countries of the world and promoting not placing my nation above any other; promoting co-operation, human freedom, equality and justice for all; See nationalism
involuntary retrenchment = the process whereby an employee is dismissed by the employer because of his/her redundancy regardless of his/her preference to stay in the employ of the employer and is forced to accept the retrenchment package
involuntary stand-down = the process whereby an employee is stood-down by the employer because of his/her temporary redundancy regardless of his/her preference to stay at work and is forced to accept the stand-down and/or the stand-down package because of some legal clause in an award or employment contract
IP = intellectual property
IP Australia = the patent office in Australia
ISO = International organisation for Standardisation, Geneva; an organisation that sets international standards
ISO 9000 = a series of standards for quality management
ISO 9000:2005 = Quality management systems - Fundamentals and vocabulary
ISO 9001:2000 = Quality management systems - Requirements
ISO 9004:2000 = Quality management systems - Guidelines for performance improvements
ISO/IEC 9126-1:2001 = Software engineering - Product quality - Part 1: Quality model (available in English only)
ISO 10002:2004 = Quality management - Customer satisfaction - Guidelines for complaints handling in organisations
ISO 10005:2005 =Quality management systems - Guidelines for quality plans
ISO 10006:2003 = Quality management systems - Guidelines for quality management in projects
ISO 10007:2003 = Quality management systems - Guidelines for configuration management
ISO/TR 10013:2001 = Guidelines for quality management system documentation
ISO/TR 10014:1998 = Guidelines for managing the economics of quality
ISO 10015:1999 = Quality management - Guidelines for training
ISO 10019:2005 = Guidelines for the selection of quality management system consultants and use of their services
ISO 14000 is similar to ISO 9000 quality management in that both pertain to the process - the comprehensive outcome - of how a product is produced, rather than to the product itself. As with ISO 9000, certification is performed by third-party organisations rather than being awarded by ISO directly
ISO 14001 and ISO 14004: the initial standards, which introduce the idea of environmental management systems. These present a structured approach to setting environmental objectives and targets. Essentially, an organisation may apply these broad conceptual tools to their own processes
These are extended and more or less superseded by
ISO 14020 = labels and declarations
itinerant worker = a name given to a particular type of employee under temporary contract of employment who travels from one workplace following the end of contract to another to enter into or seek new temporary contract of employment
joint patentee = a patent may be granted to two or more patentees jointly
kakistocracy = rule by the least qualified or most unprincipled citizens who can pass power on to their peers; See also gynecocracy; democracy; despotism; bureaucracy; aristocracy; autocracy; kleptocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
key competencies = an analysis is performed on a particular productive process to identify key competencies required by employees called upon to perform the activities required by the process; if an employee does not possess these key competencies the process will not be successful; see also basic competencies
key performance indicator (KPI) = a quantitative result, the technical/mathematical/scientific formula for which has been agreed to beforehand, that will reflect the level of success or failure of a particular product, event, company, department, project, etc.
kleptocracy = rule by recipients of rampant greed and corruption who can pass power on to a new breed of recipients; See also kakistocracy; gynecocracy; democracy; despotism; bureaucracy; aristocracy; autocracy; meritocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
KSI = Key Success Indicator
KPI = key performance indicator
land clearing = deforestation; elimination of bush/forest for agriculture
legal right = a human right in relation to the law; Philosophical Note: Often a contractual right established by a legal contract, a legal precedent, a ruling of the court or an Act or Regulation of the Parliament is referred to as a 'legal right' but this is not advisable in ethical debate because it could make the definition and understanding of human rights in relation to the law more difficult; See contractual right; See right
letter of appointment = a letter informing an applicant that their application for a job has been successful; sometimes used instead of the contract of employment. There are many different styles of letter of appointment. Some people use it as simply a covering letter for three distinct key documents: (a) the contract of employment; (b) the code of conduct; and (c) the job description. Others use it to perform the work of the contract of employment. Others use it to cover all three tasks
letter of offer = a letter informing an applicant that their application for a job has been successful; See letter of appointment
letters patent = instrument issued by a government granting a right or conveying title to a private individual or organisation
license = issue a legal document giving authority to do something, to give permission
life line = While the satisfaction of all human rights for every member of society is necessary to maintain a minimum quality of life for all, a certain level of satisfaction of familial rights under A25.(1) is necessary simply for the continuance of life. These are the levels of food (and water), clothing, housing, and medical care, and necessary social services calculable and known and agreed across the world to be essential for life. Also referred to as absolute poverty. See also poverty; poverty line
life line persecution = If a government introduces a policy that will place a particular group in society below the life line it is an act of genocide, extermination or ethnic cleansing and is definitely a crime against humanity.
life line principle = The life line principle states that to knowingly place any person below the life line is potentially a crime against humanity and must be avoided at all cost. Government must therefore give top priority to removing any persons in their jurisdiction from below the life line. This means that no government expenditure on arbitrary or unnecessary or selective services or on arms or on any project to improve the quality of life for any group above the life line is justified until all those below the life line have been removed from the dangers they face to their very existence. Corporations must not introduce any policy, take part in any development, trade in any good, restrict trade in any good, make any charge, or sell at any price that will knowingly increase the number of persons below the life line in any country. See life line persecution.
malpractice (public) = law that fails to comply with international conventions or actions, regular practices, instructions, say, by legal bodies or those in control of the public sector that is and is known to be non-compliant with international conventions
maternal brain drain = important skilled labour leaves work for childbirth, at costs of loss of skills and continuity and costs of temporary replacement, recognised more today because of labour shortages; See also brain drain
material = comparatively significant (AASB 1031/AAS 5)
materiality = Accounting Standards to be applied where the impact of their application is material (AASB 1031/AAS 5)
mediation = friendly; parties to a dispute agree to negotiate with a view to resolving the dispute with the help of an agreed neutral third party trusted by both sides rather than rely on adversarial litigation which can lack flexibility, be costly and can involve delay, damage to future relations and serious expense
meritocracy = rule by the highest achievers who can pass power on to their peers; See also kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; monarchy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
merit pay scheme = a performance-based pay scheme
migrant = a person who leaves a country voluntarily to seek a better life. Should they elect to return home, they would continue to receive the protection of their government. UNHCR via Govt Asylum Facts Paper (2011); See refugee; See asylum seeker; See illegal immigrant; See unlawful non-citizen;
minimum employment period = an Act establishing a period that must be satisfied before dismissal can be considered lawful (i.e. not unfair); See s.383
minimum wage = an Act establishing the lowest rate that may be paid to an adult employee
misdemeanour = a less serious offence (less serious than a felony, that is); an offence for which you can be charged with aiding and abetting but not actually as an accomplice; you do not have a legal obligation to report a misdemeanour to the police (or anyone else)
mission = the overall aims and objectives of the company; why the company was formed; what the company is trying to achieve. It usually takes the form of a concise narrative statement that describes the definitive scope of the overall business. That is to say, from the mission statement it should be possible to derive what the company generally will and will not be involved in throughout its life.
mission statement = a statement made upon formation describing the fundamental purpose of formation; may be modified over time by shareholders at an Annual General Meeting or a Special General Meeting
misrepresentation = false statement made by one party to another
monarchy = rule by a king, queen, emperor or empress who can pass power on to his/her heirs; See also meritocracy; kleptocracy; kakistocracy; gynecocracy despotism; democracy; bureaucracy; aristocracy; autocracy; monocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
monocracy = rule by a single person who can pass power on to another single individual; autocracy; See also monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; oligarchy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
moral assessment = some question, activity, structure, relationship, act, undertaking, commitment, outcome, desire, etc. is assessed as being wrong (or not wrong) and therefore immoral and/or unethical; based upon moral philosophy
neighbour principle = a person owes his/her neighbour a duty of care; to avoid harming or injuring a neighbour by an act of negligence. This may apply to a neighbouring landowner but might also be applied to negligence on the road, someone falling down the stairs, occupier's liability, negligent advice, etc.
NGOs = specialist terms & acronyms
non-patentable subject matter = not an invention or a manner of manufacture as defined in the Statute of Monopolies; an invention claimed but which is found to be not novel, not inventive and/or not useful; human beings, subject matters that are contrary to law, certain foods and medicines and certain uses of a person's name are specifically excluded by relevant Acts and Regulations or may be refused by the patent office.
normative standard = an object that has been agreed (usually by formal internationally acclaimed bodies) to define 'correct', or 'best', or 'recommended' or 'required'. These may apply to measurement (comparative), definition (absolute), but may also be used to describe process, practice, nomenclature, required magnitude for performance, recommended value for specific result, comparative process, etc. An example of a normative standard is ISO 9000 which dictates the best business practices for improving or guaranteeing 'quality'. In fact, one could refer to SDLC as adopted by company as a normative standard. Usually in SDLC, when we refer to 'standards' we are referring to normative standards, that is to say, standards that are agreed by business or technological experts to be the 'best' methods. However, comparative and Absolute Standards do play a role. See also ISO, ITME, ITSEC ISO Standard. See also standard, comparative standard, absolute standard, international standard
not wrong = when something is not wrong we prefer to use the means of expression "not wrong" rather than "right", otherwise it could impact on the use and clarity of the expressions rights, human rights, etc.;
oath = a declaration that the statement is true, usually defined by a State law such as the Oaths Act, has religious connotations as it represents a swearing on the bible or other religious text; See perjury; See also affirmation
obligation = a legal requirement; a duty
off shore = taking ownership to another country for legal or taxation benefit
offence = a criminal-breaking of the laws of the State or the Commonwealth (including a common law offence) (which may include conspiracy or incitement to commit an offence) which may include actions prescribed as offences under the Fair Work Act such as prescribed sexual offence, prescribed summary offence, etc.
Officer (of the Corporation) = director or secretary; officer who by formal delegation of authority by the board under s.198 of the Corporations Act or who without formal delegation makes or participates in making decisions that affect the whole or a substantial part of the corporation or has the capacity to affect significantly the corporation's financial standing or is a person that the directors/secretary of the corporation are accustomed to follow instruction from; See Instrument of Delegation; See responsible (for); See accountable (to)
oligarchy = rule by a number of leading members of dominant clans or cliques who can pass power on to other members of their particular clan or clique; See also monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; plantocracy; plutocracy; stratocracy; technocracy; theocracy
operational rules = the rules governing operation of a system or a plan; to act otherwise requires modification of the operational rules or shall be deemed to be unlawful and unethical (and therefore punishable at law) See rules of engagement; See code of conduct;
openness = available to all to see; unrestricted access
optional protocol = a protocol that should not be optional if only we could get all states to agree to it, so we make it optional to try to get as many states to agree to it as possible at the time as an interim strategy while we try to win the argument
panel = official list of available people who can serve as jurors
pari passu = with equal step; in equal share
party = the person, legal grouping, company, partnership, organisation, etc. involved in the contract as one party
patent attorney = a registered professional granted right under the Patents Act to give advice on IP matters and prepare all documents, transact all business and conduct all proceedings on IP matters on behalf of his/her client for the purposes of the Act
patentable subject matter = an invention, a manner of manufacture as defined in the Statute of Monopolies, which is novel, inventive and useful; See non-patentable subject matter
patentee = owner of a patent under the Patents Act
PD = personal development
PDP = personal development plan (career planning, succession planning etc.
penalty rates = similar to and may include overtime payments but may include other increases to basic pay rates allowed for under award or contract of employment because of the occurrence of particular circumstances
per incuriam = through lack of care
performance-based pay = reward flexibility based on measured performance, includes merit pay schemes, incentive schemes, discretionary bonuses, profit/gain sharing
performance-related pay = performance-based pay
performance review = by the employer
persecution = a crime against humanity when based on political, racial, national, ethnic, cultural, religious, gender grounds and committed as part of a widespread or systematic attack directed against any identifiable group or collectivity; the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity (Rome Statute of the International Criminal Court 2(g))
personal = some terms & acronyms that impact on ordinary people in their private lives
peter principle = in a large organisation a person is promoted over time to one level higher than his/her actual level of competence
philosphical concepts = special terms and phrases
plagiarism = unacknowledged appropriation of the words, graphic images, or ideas of another person, in breach of copyright and/or in breach of academic integrity requirements and relevant international style requirements
plaintiff = an injured party suing someone (a defendant) in order to be compensated for an injury or loss
plantocracy = rule by plantation owners who can pass power on to other plantation owners; See also oligarchy; monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; plutocracy; stratocracy; technocracy; theocracy
plutocracy = rule by owners of wealth who can pass power on to other wealthy owners; See also plantocracy; oligarchy; monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; stratocracy; technocracy; theocracy
poaching fee = a fee payable to the new employee upon signing the new employment contract, often a sum equal to a sum payable by the employee to his/her previous employer by reason of his/her termination of his/her contract of employment with the previous employer
policy and procedures = the general body of directives emanating from and approved by management that explains how things operate and who is responsible
policy statement = a statement made by the Board of Directors regarding those things that they consider to be true, correct and/or important
policy manual = a document that discusses in detail all issues related to the implementation of a particular policy statement
political autonomy = separation of a particular group's political rights from another group, giving it the right of governance without fear of interference from another more powerful group. Important movements for political autonomy in the past have included the "separation of Church and State", the "struggle for Independence", and the struggle for the formation of a nation state. They may also include the right of self-determination within a nation state.
political rights = the right to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status A2
political will = the guts, fortitude, strength, to openly promote public adherence to moral and ethical structures and to clean up wrong-doing in the face of political opposition to a clean-up and general acceptance of wrong-doing in society and/or turning a blind eye to a particular wrong-doing in organisations and government; a short-hand expression meaning the general willingness to set aside political differences and personal self-interest and act decisively for the good of humanity
position of public responsibility = the position held by that person elected to a public position or assigned responsibility under a formal or implied Instrument of Delegation by one elected; See position of trust; See constitutional requirements; See rules of engagement; See operational rules; See code of conduct; See duty of care; See fiduciary responsibility
positioning = a marketing strategy based on other players (usually the competitors) in the marketplace
poverty = Poverty is a practical representation of a government responsibility to maintain a minimum quality of life for all under their jurisdiction. While there may be agreed ways of measuring poverty (see poverty line) that may include limited indicators, the implication is that this quality of life implies the satisfaction of all human rights for every member of society. As economies develop, we expect the quality of life of all those in the economy to improve. Poverty therefore means different things in different economies (see relative poverty). Poverty does not seek to comment on governmental obligations to remove those peoples under their jurisdiction from below the life line (although some refer to this as absolute poverty) which is a particular obligation on the part of a government and which failure to act on could be seen as a crime against humanity. See life line principle. See child poverty; See pensioner poverty
poverty line = The poverty line is an agreed minimum level of the satisfaction of all human rights for every member of society. In Australia there is no official measurement of what constitutes the poverty line and therefore to some extent government is continuously turning a blind eye to their obligations in relation to poverty. There are non-governmental measurements (for an example see Melbourne Institute calculations); See also useful Australian government notes;
poverty gap = The poverty gap is a measurement of the annual cost of a policy to remove all those below the poverty line to above the line, guaranteeing them an agreed minimum level of the satisfaction of all human rights for every member of society. In Australia there is no official measurement of the extent of poverty and therefore the poverty gap is unknown. See Australian government notes
poverty gap principle = The poverty gap principle states that it is the responsibility of government to calculate the poverty gap. If they fail to do this they are consciously turning a blind eye to their obligations in relation to poverty. Philosophical Note: A key problem related to the identification and addressing of poverty and eliminating the poverty gap in Australia is the failure of governments to provide a clear definition of poverty. Many but not all those under the poverty line requiring action on removing the poverty gap are registered in some way with the government for social welfare. It is therefore not difficult to imagine that calculations of the numbers under the poverty line and the cost of removing the poverty gap and even identifying those caught in the poverty gap could be achieved with concerted effort on the part of the Australian government. A clear definition of poverty and related interactions with State/Territory and NGO and with those suffering from their inclusion in the poverty gap to register for assistance would make these calculations and identifications very possible.
poverty principle = The poverty principle states that no person should be living below the poverty line in a modern society; all modern societies have enough resources to ensure that all members of that society can expect and receive the satisfaction of basic human rights for every member of society. If there are those in society below the poverty line, government has failed in their obligation to maintain a minimum quality of life of all those under their jurisdiction. In Australia there is no official measurement of the extent of poverty and therefore to some extent government is continuously turning a blind eye to their obligations in relation to poverty. There are non-governmental measurements (for an example see Melbourne Institute calculations); See also useful Australian government notes;
power of attorney = a deed signed by a principal authorising another person to act as his/her agent. Generally speaking, whatever you can do yourself you can do by an agent; does not apply to making a will or swearing affidavit. See general power of attorney; enduring power of attorney
prejudice = a preconceived belief that has little or no particularity to the individual or group discriminated by the belief, e.g. a preconceived opinion or judgment especially against a particular group in society based on their race, social class, gender, ethnicity, sexual orientation, age or religion that leads to mistrust or hatred of anyone in that group that you meet
privacy = "Privacy" usually refers to a person's right to freedom from unauthorised intrusion into their life by another person or by the government when it is not necessary for a government to do so. Recent interest in "privacy" has placed a lot of emphasis on a person's right to have personal information, known about them by a government department or an association or a company, protected from others, and restricted from dissemination. For a company it usually refers to the company's moral responsibility to protect the privacy of the people that it deals with and the company's legal obligation to ensure that its activities comply at all times with legislation that seeks to protect privacy, such as the Privacy Act 1988 (Cth) and associated regulations such as the Privacy (Private Sector) Regulations 2001. However, privacy may go much further than that as there are human rights such as certain familial rights that speak clearly about the right to privacy. And there are related legal considerations, such as trespass to the person.
privatisation = sale of government operations to be run for profit by corporations
product differentiation = marketing strategy; highlighting differences between products as a means of increasing customer brand awareness and/or customer brand loyalty and/or customer participation/purchase rates
profession = A profession is an occupation, the practice of which directly influences human well-being, and is one that requires mastery of a complex body of knowledge and specialised skills, requiring both formal education and practical experience.
professional responsibility = special knowledge, association, standards, self-, limited entry, refusal, certification, certificate of trade, cancellation, Code of Practice
property = real property, intellectual property
proprietary rights = ownership
QA = quality assurance
QC = quality control
QS9000 = quality standards (ISO 9000 -?)
quality assurance (QA) = a process (assigned to a department, procedure or programme) for testing that hardware and/or software performs as originally specified
quality assurance analyst = a person who is responsible understanding QA standards (such as the ISO 9000 family) and applying them within an organisation
quality control = a process (assigned to a department, procedure or programme) for testing and manipulating so that the quality of output (products and/or services) is maintained above a minimal level
quantum meruit = amount based on merit or entitlement
quid pro quo = something for something
racial discrimination = differences in treatment on the basis of characteristics which may be classified as racial, including skin colour, cultural heritage, and religion; Racial Discrimination Act 1975 makes racial discrimination unlawful in Australia; See also aboriginal, Aboriginal, Aborigines, indigenous to, Indigenous.
racial vilification = racial discrimination at work leading to particular forms of mistreatment of (an) individual(s) that is against the Racial Discrimination Act 1975 and actionable by the employee and/or union
racism = organised political campaign in society against victims suffering generally from racial discrimination to have them treated differently, to forbid their entry, to have them expelled, etc. and generally increase discrimination and racial vilification; See also aboriginal, Aboriginal, Aborigines, indigenous to, Indigenous.
racist term = terms that have played an important part in long term, systemic racism and have become embedded in racist culture: For example part-Aboriginal, coloured; See Luke Pearson's blog on Part-white or Part-Aboriginal?; See also aboriginal, Aboriginal, Aborigines, indigenous to, Indigenous.
refugee = a person who flees because of the threat of persecution and who cannot return safely to their homes in the prevailing circumstances. UNHCR via Govt Asylum Facts Paper (2011); See migrant; See asylum seeker; See illegal immigrant; See unlawful non-citizen;
relative poverty = the numbers of families who can provide the basic necessities such as housing, food (and water) or clothing, referred to in this list as those persons being above the life line but still considered to be below the poverty line. See poverty.
release = lift an obligation from another
remedy = an obligation that must be performed in the stead of another obligation not being fulfilled
reparation = a benefit assigned to a plaintiff to make amends for damage done by some previous injustice
repudiate = cancel
repudiation = act of disclaiming or denying something, refusing its validity
res ipsa loquitur = the thing speaks for itself (no court would ask you to prove it to be true)
rescind = terminate, repudiate, revoke
responsibility matrix (RM) = a useful method for giving the various players in a complicated process instruction on what needs to be done and by whom. It is very graphic and clear and simple for all to read. Everyone is aware of their role and the roles played by the others
retrenchment = the process of special form of dismissal of employee(s) because of their redundancy; includes voluntary retrenchment and involuntary retrenchment
Retrenchment Date = the date upon which Severance Pay is calculated as opposed to Termination Date
retrenchment package = a package of payments of entitlements, benefits, incentives and inducements offered to employees at the time of retrenchment; could include pay, pay in lieu of notice, additional loading, annual leave entitlements, long service leave entitlements, severance pay entitlements, productivity bonus entitlements, bonus share entitlements, etc.
reward flexibility = performance-based pay, profit-sharing, share option scheme, incentives, bonuses,
responsibility, official = the responsibility one is assigned when undertaking one's job or office. Because it is related to the implied or actual instrument of delegation that delegates a position its powers from the Board, the responsibilities that are inherent to the position are also properly understood in relation to that instrument. There are also wider responsibilities that are related to standard work practices
right = a right held by an individual or a group in society is an existing, unquestionable, recognised obligation on 'others' in society to act in a particular manner in relation to that individual or group, without question. Philosophical Note: The 'right' is a short-hand way of defining a 'general obligation' on the part of 'others'. If a person has a right to be heard then 'others' have an obligation to shut up and listen. If all have the right to association, then all 'others' have an obligation to respect that right and not interfere with an individual's association. There is a generality to a right which implies that it is related to the membership of a group whether or not in this instance it applies to an individual or a group or to the whole of society. A court may be called upon from time to time to guarantee an individual's right and impose the obligation on 'others' and punish them if they fail to satisfy the obligation implied by the right but a right is different to a legal obligation imposed by a court in relation to a claim. Though some rights are said to be inalienable and some alienable, it is generally true to say that if a right loses general recognition and support in society, it will cease to be a right and will become an onerous obligation imposed on 'others' by political power, legal authority or physical duress. A right generally exists regardless of such an event, although rights may change over time and such events may over time impact on the rights of particular groups in society, during periods of change. See human rights. In this list we have separated human rights into five basic types: employment rights, educational rights, community rights, familial rights, and political rights. Philosophical Note: Our assumption is that the issue of rights is not philosophically difficult; it has been known for centuries what the basic human rights are; our problem is the political will to make them fundamental to society; it may be difficult to philosophically prove these human rights to be inalienable but it matters little, because if you simply assume that they are and get these right, many ethical considerations that every nation on earth faces at present will become unnecessary.
right = technically correct; complies with a standard; the use of this meaning is not encouraged in ethical debate as it may be misunderstood to be inferring a right which it generally doesn't; probably better to use the word "compliant"
right = morally or ethically correct; not considered wrong under a particular moral philosophy or a particular code of ethics to which we have committed ourselves; the use of this meaning is not encouraged in ethical debate or at least only when we have called attention to its meaning as it may be misunderstood to be inferring a right which it generally doesn't; it may be better to say "not wrong"
right of self-determination = political autonomy; a right for a particular social grouping (such as an indigenous population) to have their own political structures (such as a nation state) with freedom of association, freedom to vote, universal suffrage, etc. the right to choose without interference from another political/social grouping or nation state
risk = some event that has a chance of happening and that, if it happens, will have an impact upon objectives and goals. It is measured in terms of consequences and likelihood (probability)
risk acceptance = an informed decision to accept the likelihood and the consequences of a particular risk
risk analysis = a systematic use of available information to determine how often and when specified events may occur and the magnitude of their likely consequences. A formal process which seeks to separate (a) minor acceptable risks from (b) major risks, and to provide data to assist in the assessment and treatment of risks
risk assessment = the overall process of risk identification, risk analysis and risk evaluation AS/NZS 4360:2004; See AS/NZS ISO 31000:2009
risk assessment = comparing the level of risk found during the analysis process with previously established risk criteria, producing a 'measurement' or 'level' of risk and deciding on an appropriate 'response'. The output of a risk assessment is a prioritised list of risks for further action
risk assessment report = a document for recording the process of risk assessment related to particular events and to assist in measuring the level of actual risk. This report is included in other management documents such as project concept document, business case, project management plan, product development plan, acquisition plans within the PMP, change management, etc. Prepared by the manager responsible for preparing the management document to which this risk assessment is to be attached. The Risk Management Department may provide technical assistance in the preparation of this document but it always remains the document of the originator
risk avoidance = an informed decision not to become involved in a risk
risk category = risks generally fall within one of two risk categories (or types): (a) speculative risk and (b) pure risk
risk control = that part of risk management which involves the provision of policies, standards and procedures to eliminate, avoid or minimise risks facing an enterprise
risk domain = risks are managed within a number of formal declared domains: such as credit risk; market risk; operational risk; etc.
risk exposure = a hazard. A source of potential harm or a situation with a potential to cause loss
risk financing = the methods applied to fund risk treatment and the financial consequence of risk. Note: in some industries risk financing only relates to funding the financial consequences of risk
risk identification = the process of determining what can happen, why and how. A formal process of identifying the risks to be managed. Comprehensive identification using a well-structured systematic process is critical, because any potential risk not identified at this stage is likely to be excluded from further analysis. Identification will include all risks whether or not they are under the control of the company
risk management = (1) the systematic application of management policies, procedures and practices to the tasks of identifying, analysing, assessing, treating and monitoring risk
risk management = (2) the logical and systematic method of identifying, analysing, assessing, treating, monitoring and communicating risks associated with any activity, function or process in a way that will enable company to build shareholder value over the long term. Risk management is as much about identifying opportunities as avoiding or mitigating losses
risk management (RM) = the process of identification, analysis and acceptance or mitigation of risk
risk management = specialist terms & acronyms
risk management project management plan = Some risk treatments require a Project themselves, independent of any other project, especially decisions to avoid risks by making significant changes to the working environment
risk migration = See migrate risk
risk minimisation = See minimise risk
risk mitigation = the actions taken to remove the probability of a risk eventuating or of negating its effects if it eventuates. See mitigate risk
risk preview model = adopts a simplified set of descriptors, making input easy to understand and making the output simple and straightforward. These descriptors are the same for both likelihood and consequence and are therefore much more highly subjective than those implied in the operational risk model, requiring only a "gut reaction" from project managers
risk reduction = a selective application of appropriate of appropriate techniques and management principles to reduce either likelihood of an occurrence or its consequences, or both
risk register = a document for identifying all actual risks in the company (and thereby documenting the process of eliminating Potential Risks from this list so that this elimination is not performed over and over again unnecessarily). Owned and maintained by the owner/sponsor who considers industry experience to develop a list of operational, credit, market, and project risks
risk retention = intentionally or unintentionally retaining the responsibility for loss, or financial burden of loss within the organisation
risk response = See response
risk transfer = shifting the responsibility or burden for loss to another party legislation, contract, insurance or other means. Risk transfer can also refer to a physical risk or part thereof elsewhere. See migrate
risk treatment = selection and implementation of appropriate options for dealing with risk. See mitigation
risk treatment action plan and schedule = certain risk treatments are permanent features of business and not just treatment projects. These need action plans and schedules, etc.
risk treatment compliance declaration = certain risk treatments require a declaration on behalf of the product owner that risks have been mitigated in order to allow other events to take place
risk treatment compliance certificate = certain risk treatments need certification by persons other than the product owner (and periodic re-certification as part of the monitoring process)
risk type = See risk category
RM = responsibility matrix
RM = >risk management
RSI = repetitive stress injury
rules of engagement = the rules agreed to before the matter begins; to agree to the rules of engagement in order secure a right to participate and then act outside the rules of engagement is unethical; See operational rules; See code of conduct; See constitutional requirements;
SA8000 = social accountability standard 8000
SAI = Social Accountability International
SAI (also known as Australian Standards) = distributors of national and international standards in Australia
safety = safety involves freedom from danger. A property of a device or process is safe insofar as it limits the risk of accident below some specified acceptable level.
satisfy = pay; discharge an obligation
saturation = penetration (in coverage) approaching maximum possible; compare penetration
security = the security of a system is the means by which the system is protected against threats, such as the invasion of privacy, theft, the corruption of information or physical damage of the system
serious misconduct = has its ordinary meaning and includes wilful, or deliberate, behaviour that is inconsistent with the continuation of the contract of employment; and conduct that causes imminent and serious risk to health or safety or to business reputation, viability or profitability and may include theft, fraud, assault or intoxication (subject to the employee demonstrating that the conduct did not make employment during the period unreasonable)
sexual harassment = sexual behaviour towards another which is deliberate, uninvited, unwelcome and usually repeated, such as unsolicited act of physical intimacy; unsolicited demand or request for sexual favour; remark with sexual connotations; or any other unwelcome act of a sexual nature
sick leave = paid time off work due to injury or illness
social responsibility = the responsibility of a person or a group (an organisation, a corporation or a body corporate) that exists in society because of the history of society; See moral responsibility; See corporate social responsibility;
solutions = development directly related to solving particular requirements/problems
SOP = standard operating procedure
special damages = compensation one receives after lose is proven
SPO = social performance objective
stakeholder = originally the person in gambling who can be trusted by both sides to hold the stakes in a bet and hand them over to the winner without question when the result is known
stakeholder approach to decision making = identifying the key stakeholder for every person or group (internal and external) (past, present and future) that can be impacted by the decision and including that stakeholder in the decision making process; stakeholder-based decision making is often employed when informed consent and assent based decision making is considered impossible or incompatible with other goals and therefore needs to be subjected to increased ethical consideration
standard = generally, a degree or level of requirement, excellence, or attainment. The word 'standard' has come to mean three key main concepts: absolute standard, comparative standard, normative standard; See also international standard
stand-down = the process of special form of holiday of employee(s) where the employee is temporarily redundant but will be required in the future, usually unpaid and available to the employer as a temporary strategy because of clauses in the award or employment contract; includes voluntary stand-down and involuntary stand-down
stand-down package = a package of payments of entitlements, benefits, incentives and inducements offered to employees at the time of stand-down; could include future pay rates, future additional loading, future productivity bonus entitlements, bonus share entitlements, etc.
statutory = arising as a result of an Act or Regulation
statutory duty of good faith = a duty arising as a result of an Act or Regulation to make a decision in good faith meaning to always choose right over wrong; Philosophical Note: Some say this is meaningless because it is unenforceable because it is purely about reason and intention which is impossible to prove; some say this is bad law because the broadness of the requirement requires the involvement of moral structures external to the statutes and because moral structures cannot be defined by an Act or a Regulation such a statutory requirement cannot apply to all equally; some say that fiduciary duty, duty of care and codes of ethics always involve external moral judgments and matters such as intention
statutory limitation = a time period in which a legal proceeding or law suit must be commenced; when this period has lapsed, no action is permitted
stratocracy = rule by leaders of the armed forces who can pass power on to other leaders of those armed forces; See also plutocracy; plantocracy; oligarchy; monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; technocracy; theocracy
strike = industrial action threatened or undertaken by employees in order to influence a decision or force a response by their employer(s) in which the employees, acting together, cease work or fail to attend work until their demands are met
sustainability report = a report that looks at the viability of long term participation of the company in the environment in which it operates; usually written for a large player like a global or national supplier or a government department or local government entity, but will have more and more use to SME players as 'global warming' and 'environmental change' obtains more acceptability
sustainability report = viability of long term participation of the company in the environment in which it operates
technocracy = rule by key technicians, especially scientists and technical experts who can pass power on to other other key technicians/scientists/technical experts; See also stratocracy; plutocracy; plantocracy; oligarchy; monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy; theocracy
terminate = to bring to an end a contract of employment
theocracy = rule by religious hierarchy who can pass power on to other key religious hierarchy; See also ; See also technocracy; stratocracy; plutocracy; plantocracy; oligarchy; monocracy; monarchy; meritocracy; kleptocracy; kakistocracy; gynecocracy; despotism; democracy; bureaucracy; aristocracy; autocracy
torture = a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population; the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions (Rome Statute of the International Criminal Court 2(e))
trade mark = trademark
trade secret = a type of IP and a strategy for protecting IP. It includes proprietary knowledge (know-how) and other confidential information
trademark = a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and services of one trader from those of another
transfer = assignment
transferor = assignor
transparency = revealing all; nothing covered up
trespass = enter another's property without right or permission (usually a tort but could be a crime if combined with other serious crimes such as aggravated assault); trespass is strongly related to intent; See easement; See right of way; See freedom to roam; See right of public access;
trespass to the chattel = a tort; intentionally, wilfully or negligently interfered with lawful possession; a way of claiming remedy for intentional separation by a tortfeasor of a person from their chattel by, say, barring access to it, damaging it, destroying it, etc.; if its not considered a crime or cannot be prosecuted (or even if it is and can), it may be a trespass and can be actionable as a tort
trespass to the person = a tort; intentionally, wilfully or negligently interfered with the person; a way of claiming remedy for intentional damage to a person by a tortfeasor by, say, assault or battery; if its not considered a crime or cannot be prosecuted (or even if it is and can), it may be a trespass and can be actionable as a tort
trust = relied upon by others for truth, correctness, accuracy or power to proceed in an action or assume agency
trustworthy = can be relied upon for truth, correctness, accuracy
unfair dismissal = a ruling that the (a) the employee was dismissed, and (b) the dismissal was harsh, unjust or unreasonable; and (c) the dismissal was not consistent with the Small Business Fair Dismissal Code; and (d) the dismissal was not a case of genuine redundancy. (s.385) ; See wrongful dismissal
unlawful = an offence against an Act or a Regulation (criminal or civil) (or against generally recognised Common Law) describing and outlawing particular things, usually with a prescribed penalty
unlawful non-citizen = a person arriving in Australia without a valid visa. Note: An asylum seeker is as per the Act ‘unlawful’, but the term unlawful does not mean that asylum seekers have committed a criminal offence. There is no offence under Australian law that criminalises the act of arriving in Australia or the seeking of asylum without a valid visa. See Govt Asylum Facts Paper (2011); See asylum seeker; See migrant; See illegal immigrant; See refugee; See unlawful non-citizen;
unpaid leave = time off agreed to by the employer not to be considered as annual leave and for which a penalty shall be paid by the employee for the purpose of calculation of wages in the period of the time off
useful = it meets its promise; the invention performs a function that is useful and that performs as defined in the claim
v. = versus
value judgment = the assignment of value, usually comparative assessment
versus = against; in contest with
vexatious litigant = the Plaintiff in a legal proceeding in a court which has no foundation except to harass the Defendant
vexatious litigation = a legal proceeding in a court with no foundation except to harass an adversary; upon finding it to be vexatious the court will prohibit further action
void = no legal effect
volenti non fit injuria = to a willing person, no injury is done
voluntary retrenchment = the process whereby not all employees in an operation are redundant, only some, and the employer seeks out those employees who would prefer to accept the retrenchment package on offer from the employer and dismisses these employees first, in the hope that no involuntary retrenchment will be necessary
voluntary stand-down = the process whereby not all employees in an operation are temporarily redundant, only some, and the employer seeks out those employees who would prefer to accept the stand-down package on offer from the employer and stand-down these employees first, in the hope that no involuntary stand-down will be necessary
war crime = (some extracts from Rome Statute of the International Criminal Court) including (a) acts against persons or property protected under the Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages. (b) Other serious violations of the laws and customs applicable in international armed conflict: (i) Attacks against the civilian population; (ii) Attacks against civilian objects (objects which are not military objectives); (iii) Directing attacks against humanitarian assistance or peace-keeping mission; (iv) Attack to cause incidental loss of life or injury to civilians, damage to civilian objects or the natural environment; (v) Attacking or bombarding towns, villages, dwellings, or buildings which are undefended and which are not military objectives; (vi) Killing or wounding a combatant who has surrendered; (vii) Making improper use of a flag of truce resulting in death or serious personal injury; (viii) The Occupying Power transferring its own civilian population into the territory it occupies, or the deportation or transfer of the population of the occupied territory outside this territory; (ix) Attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected; (x) Subjecting enemy persons to physical mutilation or to medical or scientific experiments; (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army; (xii) Declaring that no quarter will be given; (xiii) Destroying or seizing the enemy's property; (xiv) Declaring rights abolished; (xv) Compelling the hostile nationals to take part in the operations of war directed against their own country; (xvi) Pillaging a town or place; (xvii) Employing poison or poisoned weapons; (xviii) Employing asphyxiating, poisonous or other gases, liquids, materials, or devices; (xix) Employing bullets which expand or flatten easily in the human body; (xx) Employing weapons which cause superfluous injury or unnecessary suffering; (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation; (xxiii) Utilising the presence of civilian(s) to render certain points, areas, or military forces immune from military operations; (xxiv) Directing attacks against UN buildings, material, medical units and transport, and personnel; (xxv) Using starvation of civilians as a method of warfare; (xxvi) Conscripting or enlisting children. (c) In the case of an armed conflict not of an international character, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause: (i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture; (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (iii) Taking of hostages; (iv) The passing of sentences and the carrying out of executions without proper court and judicial guarantees. See also genocide, crime against humanity, ethnic cleansing
whistle-blower = an employee encouraged to express concern (usually in matters of ethical concern) under the Whistleblower's Act and guaranteed protection under the Act
work ban = industrial action threatened or undertaken by employees in order to influence a decision or force a response by their employer(s) in which the employees, acting together, refuse to perform a particular work instruction until their demands are met
work-life balance = a modern objective offered by HR to an employee which is aware of human needs/interests/requirements outside of work and attempts to organised the employee's involvement in the productive process with these other needs/interests/requirements in mind
work practices = the things that workers regularly do at work: these could include the performance of tasks under work instruction from an employer or supervisor; the application of the requirements of employment contract/AWA/enterprise agreement, the job description and codes of conduct agreed with the employer at the moment of recruitment; the application of national or international standards; the requirements of the regulator; legal requirements placed on the job by State and Commonwealth legislation, such as OH&S legislation, Privacy legislation, etc.; the requirements placed on the work by professional codes of practice issued by professional organisations to which the employee belongs or rules of certification that apply to the employee's certificate of trade or known and agreed best practice; workplace routines, traditions and local understandings and agreements between local management and employees; local workplace agreements between management and the trade union to which the employee belongs; specific instructions by local managers/supervisors to modify routines because of local conditions; general agreement to modify routines to minimise risk and improve safety of employees and the public; initiatives undertaken by employees and reactions by employees because of local emergency events and the need to protect human life and property; and so on
work-related injury = injury experienced by an employee because of his/her involvement in the employment contract/award/AWA; usually defined by law/statute/Regulation in each State
work-to-rule = industrial action threatened or undertaken by employees in order to influence a decision or force a response by their employer(s) in which the employees, acting together, perform their duties only as they are described in the employment contract, the written work instruction, or the rule book written and imposed by the employer, regardless of how the work is normally executed, until their demands are met
worker = employee; a person employed by an employer under a contract of service
workers comp = workers compensation
workers compensation = compensation for work-related injury specified by law based on the nature of the injury, not on the fault of the employer
workplace relations = industrial relations (new term related to current importance placed on AWA)
wrongful dismissal = a ruling that the termination of the employment contract by the employer is not in accordance with the terms of contract of employment; not in accordance with the award; not in accordance with the AWA; or wrong because it is unfair. Wrongful dismissal usually leads to an order leading to compensation (or reinstatement).