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Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

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Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

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Discrimination or accommodation?

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

 

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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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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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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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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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Is recruiting causing unemployment?

Recruiting has always been an element of HR that attracts a high level of interest, primarily because it is such a controversial aspect of HR. As a newly converted capitalist I think markets correct themselves unless there is an inherent flaw in the manner in which an element of the market is operating or some element of the market is being unduly interfered with or manipulated. I think the same applies to this problem. I don’t think talent is hard to find I think recruiting may be the problem. I think the way in which recruiting is done is what may really be driving unemployment.

 

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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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Three of the most popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with privacy in the workplace, using social media in recruiting and managing and the enactment of a Bill to make the Human Resources Professionals Association of Ontario a regulatory body.

 

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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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Assessment of human resources: An organization’s most valuable assets

How does an organization identify the best person for the job when filling a position? Companies generally follow a defined process for recruiting, hiring and promoting. They have a job description and certain criterion they are looking for. Whatever the process may be, it needs to be robust and legally defensible. The best method for achieving this is to use a formal assessment centre.

 

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Slaw: Bill C-35 comes into force and new immigration regulator in place

Legislation cracking down on crooked immigration consultants (Bill C-35) comes into force on June 30, 2011. At the same time, the Immigration Consultants of Canada Regulatory Council (ICCRC) is confirmed as the new regulatory body for immigration consultants. The ICCRC will…

 

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Women in the workplace – another take

The gap between men and women is still very significant when it comes to employees in the top ranks of the financial sector. That is, there are still very few women in senior executive roles in Canada’s financial institutions. Worse yet, there are currently no women in line for a CEO position at a big bank.

 

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Citizenship and Immigration Canada announces new federal immigrant investor program

On November 10, 2010, Citizenship and Immigration Canada published regulations in the Canada Gazette, which reinstate the Canadian Federal Immigrant Investor Program (“IIP”). However, the new IIP now requires an investment of $800,000CAD and a personal net worth of $1.6 Million CAD. The regulations come into force on December 1, 2010.

 

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