recruiting

Tips on the right way to hire employees in Ontario

May 15, 2019 Vey Willetts LLP Employee Relations, Human Resources, Recruiting and Hiring, 0

Hiring a new worker can be exciting. Presumably, by the time you make the job offer, something about the candidate has impressed you and suggested this person is the one for the job.

employment law, job interview, recruiting, restrictive covenants

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, 0

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

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

November 9, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

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

November 2, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

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.

employment contract, employment law, pay in lieu of notice, recruiting, severance, termination

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.

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“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.

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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.

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Fishing for notice: British Columbia Supreme Court addresses inducement and contingency factors in wrongful dismissal suits

July 6, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Recruiting and Hiring

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.

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.

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Is recruiting causing unemployment?

December 19, 2016 Deveen Hunter HR Policies and Procedures, Human Resources, Recruiting and Hiring

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.

employment law, recruit, recruiters, recruiting, reference check, selection process, unemployment

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

Three of the most popular articles this week on HRinfodesk

November 21, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Privacy and Security, Recruiting and Hiring

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

July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development

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

September 20, 2011 John Proctor Employee Relations, Human Resources, Recruiting and Hiring

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

June 30, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Human Resources

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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