First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

hiring

Truth or lies: Providing employment references

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

 

, , , ,

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.

 

, , , , , ,

Negligent misrepresentations during the interview process

The BC Court of Appeal decision in Feldstein v. 364 Northern Development Corporation provided employers with a reminder that negligent misrepresentation during the hiring process can prove to be a costly mistake.

 

, , , , ,

Even robots are a little bit racist: Al bias in recruitment

How would you like to perform only the most high-level and uniquely human elements of your job? Are your skills really best utilized on data entry, rote memorization and pushing paper? Artificial Intelligence (AI) promises to delegate all the drudgery of your job to machines while freeing you up to mingle with clients on the golf course and answer phone calls from your private yacht in the Adriatic Sea.

 

, , ,

Social media and recruitment

Social media is now a part of our lives, including our work lives. While it can be an important tool, employers need to use their good judgment and use it wisely.

 

, , , , , , , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay transparency legislation, the taxability of employee discounts and privacy during the hiring process.

 

, , , , , , , , ,

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.

 

, , , , , , , ,

“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.

 

, , , , , , , , , , , , , , , ,

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”.

 

, , , , ,

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.

 

, , , , , , , , ,

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.

 

, , , , , , ,

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.

 

, , , , , ,

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.

 

, , , , ,

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.

 

, , , , , , , ,

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.

 

, , , , , , , , , , , , , , , , , , , , , , ,

Previous Posts