hiring

Truth or lies: Providing employment references

September 24, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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?

employment law, employment references, hiring, reference letter, wrongful dismissal action

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

July 16, 2019 Piccolo Heath LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

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.

employment agreements, employment contract, employment law, hiring, notice period, onboarding process for new employees, wrongful resignation

Negligent misrepresentations during the interview process

January 16, 2019 De Bousquet PC Barristers and Solicitors Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring

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.

employment law, hiring, interviewing, negligent misrepresentation, Pensions and Benefits, recruiting

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

November 14, 2018 Lisa Stam, Spring Law Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring

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.

Al bias, employment law, hiring, recruitment

Social media and recruitment

May 9, 2018 Lisa Stam, Spring Law HR Policies and Procedures, Human Resources, Human Rights, Payroll, Privacy and Security, Recruiting and Hiring, Wages and Compensation

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.

conducting social media checks, employment law, facebook, hiring, human rights, Instagram, LinkedIn, protected grounds of discrimination, recruitment, social media, social media savvy, twitter

Three popular articles this week on HRinfodesk

May 3, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

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

employee compensation, employee discounts, employment law, equal pay, hiring, hiring process, pay equity, pay transparency, Payroll, privacy

Discrimination or accommodation?

February 5, 2018 Michele Glassford Human Resources, Human Rights, Recruiting and Hiring

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.

accommodation, discrimination, Discrimination or accommodation, employment law, hiring, human rights, personal information, prohibited grounds of discrimination, recruiting

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

November 13, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Recruiting and Hiring

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.

ancestry, BC human rights tribunal, characteristics protected under the code, Citizenship, discrimination, discrimination with respect to employment, employment law, employment relationship, ethnic origin, family status, hiring, Human rights complaint, interview process, Interview questions, job interview, protected grounds of discrimination, recruiting

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

October 23, 2017 PeopleInsight Workforce Analytics HR Analytics, Human Resources

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”.

business risk, effective HR reporting, employment law, hiring, hr analytics, HR reporting

Tips for recruiting online

October 11, 2017 Lisa Stam, Spring Law Accessibility Standards, Employee Relations, Employment/Labour Standards, HR and Technology, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Standard for Employment

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.

AODA, employment law, hiring, hiring process, HR technology, human rights, privacy law, prohibited grounds of discrimination, recruiting, recruiting online

Dishonesty in hiring process constitutes cause for dismissal

August 23, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Recruiting and Hiring

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.

breach of trust, dishonest employee, employment law, employment relationship, hiring, hiring process, termination, termination for cause

Can an employment agreement executed after the employee starts work be enforced? The Ontario Court of Appeal says yes.

June 21, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Recruiting and Hiring

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.

contract, employment agreement, employment law, hiring, recruiting, recruiting and hiring, terms of employment

Interviews: 6 reasons why HR should really rethink them

April 10, 2017 Deveen Hunter HR Policies and Procedures, Human Resources, Recruiting and Hiring

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.

employment interviews, employment law, hiring, hiring employees, interviews, job interviews

HR metrics: A data driven look at sales teams

October 24, 2016 PeopleInsight Workforce Analytics Employee Relations, Employment/Labour Standards, HR Analytics, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Wages and Compensation

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.

employment law, hiring, HR metrics, recruiting, return on investment, ROI, sales talent, sales teams, talent management

The importance of documentation when dealing with a human rights complaint

March 26, 2014 Christina Catenacci Human Resources, Human Rights, Recruiting and Hiring

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.

age, age discrimination, application forms, discrimination, documentation, duty to accommodate persons with disabilities, employer did not discriminate against the applicant based on age, employer's liability, employment, employment law, hiring, hiring manager, hiring process, Human rights complaint, importance of documentation, interview, job applicant, Job offer, pre-screening process, principle of equal opportunity, principle of non-discrimination, selection process, telephone conversation, The Northwest Territories Human Rights Adjudication Panel