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Recruiting and Hiring

The legalities of criminal, credit and medical checks in HR

Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.


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Case study: Why you need to periodically review your employment contract

A well-drafted employment contract is the best employment law investment an employer can make. It can enhance or expand management’s rights, and it can save the employer thousands of dollars in termination costs.


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Top 5 mistakes employers make in their contracts

Employment contracts are a useful tool for employers. But often, employers make mistakes when creating their contracts. Here are five of the main mistakes to watch out for.


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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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