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“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

 

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5 do’s and don’ts for effective HR reporting

Last month we introduced 3 questions that should be asked of any reporting that is done with a regular cadence – monthly, quarterly, annually – where you can get into the habit of “same old, same old”.

 

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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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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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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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Interviews: 6 reasons why HR should really rethink them

Interviews are by nature fraught with problems and really should only be used in cases where some system has been put in place to mitigate the inherent dangers in interviews or supplement their shortfalls. While this is by no means an exhaustive list, here are a few problems with interviews.

 

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HR metrics: A data driven look at sales teams

All of this got me thinking about the ways in which analytics can guide and drive the building out and scaling of a highly effective sales capability. With this in mind, I put together some thoughts on the inputs and decisions needed to gain a 360 degree view on your sales talent, broken into three components—Company Context, Candidate Profile & Recruitment, and Development, Support & Motivation.

 

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The importance of documentation when dealing with a human rights complaint

This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer’s liability.

 

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Ontario Human Rights Commission releases policy on removing the “Canadian experience” barrier

Canadian Work Experience

On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.

 

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eHarmony online dating site will be matching job applicants with employers – Is that a good idea?

The media has reported that the online dating website eHarmony will be entering the recruiting business—matching employers with people looking for a job. Beginning first in the United States likely in June 2013, and soon thereafter in Canada, eHarmony plans to use its matching technology used to pair singles looking for love matches in a different way—it plans to help find the perfect employment union. That is, eHarmony will be using its technology to create the perfect harmony between job candidates and employers. How successful will this venture be, and will it change how employers find new employees?

 

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Five regulated or specialized occupations: How to obtain your professional designation or recognition

Economic conditions in Canada have steadily improved, while the unemployment rate continues to drop. Many Canadians are re-entering the labour force after lengthy hiatuses as companies are hiring and profit sheets are back in the black. There are several regulated or specialized occupations – those controlled by a professional association or provincial and/or federal law – that have a positive outlook. About 20 percent of all jobs in Canada are regulated. Some require advanced education and licensure, while others require only provincial certification. Here are highlights from five of those careers and information on getting started.

 

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What managers can learn from selection of new Pope

The mantra “Hire Slow and Fire Quickly” has been a favourite of business writers for years. However, an increasing number of thinkers are disagreeing with its sentiment. Danny Boce from Fast Company recently wrote “that catchphrase isn’t just dumb, it’s counterproductive,” particularly for start-ups.

 

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Report on the Ontario human rights review revisited: Concerns it may raise for employers

Last week we posted an entry about the Attorney General’s report on the Ontario Human Rights Review. Today’s post will revisit the report, attending to the concerns it may raise for employers.

 

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Weight a factor in employment decisions

In a recent HRinfodesk poll, we asked our readers if a person’s weight had ever influenced their decision on whether to hire, promote or reward the person. The reason I was so interested in the topic is that a Quebec lawyer recently sued her former law firm because she believes the firm discriminated against her in employment because she was overweight.

 

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Human resources goes mobile: Highlighting top HR apps

When leaving home or the office, what are the must-have items you would never go without? Wallet? Got it. Keys? Yup. Your mobile recruiting application…? Today’s anytime-anywhere mobile access is changing the way we do business. With the right apps, recruiters can manage customer relations, access candidate data, and even review employee referals from their mobile devices. HR technology developers have jumped on the mobile bandwagon, and are working hard to bring new solutions for hiring, managing and tracking HR to the mobile market.

 

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