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Recruiting and Hiring

Racialized, foreign-trained lawyer discriminated against during interview

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

 

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The (un)enforceability of non-competition agreements

Many employment agreements contain non-competition clauses that seek to prevent an employee from later working for a competitor. Employers who rely on these clauses should exercise caution before seeking to enforce them at court.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

 

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Employer ordered to pay $120,000.00 for discriminatory hiring practices

The Human Rights Tribunal of Ontario has decided on a case concerning discriminatory hiring practices. In Haseeb v. Imperial Oil, Imperial Oil’s policy of requiring all project engineer job applicants to hold either Canadian citizenship or permanent residency in order to be eligible for employment.

 

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New agri-food immigration pilot

The Agri-Food Immigration Pilot and the expected changes to the temporary foreign worker program will provide new temporary and permanent pathways for eligible applicants, which should help agri-food employer’s plan and manage their workforce in Canada.

 

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Recent case assessment direction and “creed”

religious discrimination

The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with accessibility plan and report filing deadlines, termination clauses in employment contracts and improving job situations for older workers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with rescinding a retirement notice, an employee class action lawsuit against RBC Life Insurance and retaining top talent.

 

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Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?

 

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Fixed-term contract costs employer $1.2 million in severance

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with supporting return to work, assessing job applicants with temporary work experience and rolling back labour relations reforms.

 

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An overview of Canada’s Start-Up Business Class

Despite the fact that the United States (and many other western countries) have adopted more restrictive immigration policies, Canada remains relatively open to accepting new immigrants.

 

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You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

 

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Cannabis in the workplace: “If the employer cannot measure impairment, it cannot manage risk”

With the legalization of recreational cannabis in full effect, employers continue to grapple with the workplace implications of its use. However, having to balance statutory obligations under both health and safety and human rights legislation is not a new problem for employers.

 

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Court of appeal says no backpedaling allowed on employee resignation

Is an employer allowed to “re-hire” a long term employee on new terms if they retract their resignation? According to the Ontario Court of Appeal the answer seems to be yes.

 

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