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Recruiting and Hiring

Tips for recruiting online

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

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Pink jobs vs. blue jobs: Sexism in the skilled trades

In August 2017, the federal government launched a $73 million work-placement program for students through paid co-op opportunities in industries such as science, engineering and skilled trades. This is one of many examples of recent initiatives attempting to attract more people into the skilled trades. Both federal and provincial governments have acknowledged a shortage of workers in the trades and are working on ways to incentivize people – especially women – to enter fields like electrical work, construction and carpentry.

 

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Update on express entry

Since Express Entry began on January 1, 2015, it has been necessary for prospective permanent residents to first receive an Invitation to Apply (“ITA”) before submitting an application for permanent residence under one of the following categories:

 

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PeopleInsight’s top 5 blogs (so far) on workforce analytics

PeopleInsight has pulled together their top five most popular blog posts this year (so far). From gaining a deeper understanding of the newest category in HR technology, to applying workforce analytics in the realm of Talent Acquisition for better recruiting, and hearing about one mid-sized companies own journey with DIY analytics, we’ve got a topic in the realm of workforce analytics for everyone.

 

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Ontario Court of Appeal enforces simple probation clause

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

 

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Dishonesty in hiring process constitutes cause for dismissal

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. In this case, the plaintiff’s claim for wrongful termination was dismissed when the court found that the plaintiff’s omission on a security questionnaire amounted to dishonesty that went to the core of the employment relationship and was irreconcilable with sustained employment.

 

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How foreign nationals can legally avoid Ontario’s foreign buyer tax

There is no doubt that the NRST (and other Ontario Government initiatives) has caused a significant drop in residential real estate sales. However, it may not have as significant an impact on many foreign nationals.

 

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Government of Canada amends the Citizenship Act

Bill C-6 received royal assent on June 19, 2017 and eases many of the key eligibility requirements for citizenship, including the physical presence requirement and the requirement to demonstrate knowledge of Canada and its official languages. Bill C-6 also eliminates some of the more controversial elements of the Strengthening Canadian Citizenship Act, including the ability to revoke the Canadian citizenship of dual nationals based on national security grounds.

 

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Employers: Be careful of what you say about former employees to their new employers

Be careful of what you say about former employees to their new employers, warns Toronto employment lawyer, Jeff Dutton. As evidenced in Drouillard v. Cogeco Cable Inc., if a former employer suggests to another employer to terminate a certain employee, the former employer could be liable for damages to that employee by way of the tort of inducing breach of contract.

 

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IRCC announces details of global skills strategy

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

 

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Fishing for notice: British Columbia Supreme Court addresses inducement and contingency factors in wrongful dismissal suits

Care is required when recruiting a potential employee, but not all active recruitment activities qualify as inducement. More than giving the employee the impression there is room to grow or job security is required. Actual evidence of promises made by the company and the employee’s reliance upon those promises is necessary to sustain a determination of inducement. Nevertheless, employers can avoid claims of inducement by using written employment agreements that contain “entire agreement” clauses and confirm that the employee has not been induced by any promises.

 

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Ontario takes on part-time employment

In Minister Flynn’s address to the conference participants, it was evident that one of the objectives of Bill 148 was to discourage the growth of part-time employment at the expense of full-time employment by introducing a number of measures to reduce or eliminate any savings employers might achieve by hiring part-time employees rather than full-time employees.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Wages by occupation, 2016; The risks of mischaracterizing an employee as an independent contractor; and Employer ordered to pay over $53,000 for unpaid general holiday and vacation pay.

 

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Can an employment agreement executed after the employee starts work be enforced? The Ontario Court of Appeal says yes.

In Wood v. Fred Deeley Imports Ltd., the Ontario Court of Appeal confirmed that a “written employment agreement is not unenforceable merely because the employee signs it after starting to work”. The Court found the trial judge’s inference to be reasonable, noting that Deeley did not claim she reviewed the terms of her employment for the first time on April 24, 2007, or that the contract contained any new material terms. The Court acknowledged that the contract was likely signed the day after Deeley started work as “a matter of administrative convenience.” In these circumstances, fresh consideration was not necessary.

 

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Owner/operator Labour Market Impact Assessment and its importance for permanent residence applications in 2017

Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW will not negatively impact the Canadian labour market. In most cases, the Canadian employer must apply to Employment and Social Development Canada, also known as Service Canada, for approval of the Labour Market Impact Assessment (“LMIA”), previously called a Labour Market Opinion or LMO. A LMIA is a very detailed application process that is subject to a high level of review, and must be completed without error.

 

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