Offshoring and the IT worker—where are we?

July 21, 2013 - by: Gilda Villaran 0 COMMENTS

By Gilda Villaran

As we reported in May, Canada’s Temporary Foreign Worker Program (TFWP) has been under fire in recent months. The use of the TFWP to facilitate offshoring arrangements has received much attention from the prime minister, the minister of citizenship and immigration, and the media.

The immediate reaction of the government was to put a hold on all the Labour Market Opinion (LMO) applications that concerned information technology (IT) workers. Although the LMO-freezing measures have been relaxed, confusion remains. read more…

Managing the message in the hiring process in Canada: human rights risks

June 23, 2013 - by: Marc Rodrigue 0 COMMENTS

By Marc Rodrigue

Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws.

What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are involved, the risk increases that remarks are made that are perceived as discriminatory. As one employer in Ontario recently discovered in Reiss v. CCH Canadian Limited, failure to manage the message to candidates can lead to a successful human rights claim even if the decision itself was proper. read more…

Lack of trust: How much evidence is enough?

July 22, 2012 - by: Louise Bechamp 0 COMMENTS

by Louise Béchamp

As a Québec employer recently learned, an alleged breach in the relationship of trust between employer and employee must be supported by objective evidence and facts if it is to form cause for termination of employment. In Senécal vs. CEGEP du Vieux Montréal, 2012 QCCS 1995, the employer was ordered to pay significant damages to Francine Senécal following her termination on that ground, in the absence of the required evidence to support their concerns.

Facts

In 2001, Senécal left her career in post secondary education to enter into municipal politics. She was elected as a counselor for Montréal and became vice president of the city’s executive committee. Throughout her term in office, Senécal’s spouse worked in a senior management position for the city’s housing and development corporation (in French, the “Société d’habitation et de développement de Montréal” or SHDM).

After 7 years in public life, Senécal decided she wanted to resume her career and applied for the position of director general of the CEGEP du Vieux Montréal. Senécal was the successful candidate. In October 2008, the CEGEP appointed her to a 5-year term, to begin in January 2009, so she resigned from public office. read more…

Hiring Decisions and Older Workers — Avoiding Liability

December 27, 2010 - by: Northern Exposure 0 COMMENTS

By Alix Herber and Hadiya Roderique

Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions.

read more…

Prehiring Credit Checks Restricted in Alberta

May 03, 2010 - by: Lorene Novakowski 0 COMMENTS

By Lorene Novakowski

Employers are often tasked with creating systems to reduce employee theft or fraud. Such systems can include many things including credit checks on potential employees. Recently, Mark’s Work Wearhouse in Alberta was stunned to learn that such credit checks weren’t permissible in the circumstances — even when a number of other measures had failed. As such, it agreed to stop conducting prehiring credit checks.

Facts
Faced with in-store theft or fraud, Canadian national retail chain Mark’s Work Wearhouse instituted a series of measures to deter employees. When other measures weren’t successful, it started collecting credit check information on its applicants.

read more…

Happy Headhunting for Employers

April 26, 2010 - by: Gulu Punia 0 COMMENTS

By Gulu Punia

Successful headhunting can add significant value. But employers must be careful that they don’t become the hunted. As with any hunt, there are risks that may not be obvious. In the employment context, a Canadian employer may be on the hook for extended severance or risk an action from the previous employer for inducing a breach of the employment contract. The good news is that reasonable precautions can minimize these risks and result in happy hunting.

Recognition of previous service
One of the biggest risks for Canadian employers comes from an employee who’s recruited from secure employment. Such an employee may claim that previous service must be recognized by the new employer. This is particularly troublesome when the recruit is fired.

read more…

When Employee Privacy and Social Media Collide

December 07, 2009 - by: Lyne Duhaime 0 COMMENTS

By Lyne Duhaime

An IBM employee from Quebec made headlines last month when her disability benefits were cut off by the insurance company after it saw pictures of her on Facebook. Despite being off work for depression, the employee had posted photos of herself on vacation at the beach and at a Chippendale’s show. When IBM’s disability carrier saw the photos on Facebook, it cut off her disability benefits. In its view, the employee no longer appeared to be disabled within the meaning of the insurance contract.

This case raises interesting privacy issues. Are photos posted on a social media website personal information? Are employers, disability carriers, and other organizations prohibited from using such information? If not prohibited, are there limitations? Put simply, are employers (or, in this case, insurers) able to use the Internet to collect information about their current or future employees?

read more…

A ‘Routine’ Background Check in Canada? There’s No Such Thing

January 13, 2009 - by: Derek Knoechel 0 COMMENTS

by Derek Knoechel

In 1990, a 21-year-old woman was caught shoplifting. She then pleaded guilty to a charge of theft, receiving a conditional discharge. Some five years later, she applied for a position with the Montreal police force. So began a 13-year legal odyssey culminating in a Supreme Court of Canada decision (Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse, 2008 SCC 48) released in August of 2008.

As part of the background screening process, the Montreal police force became aware of the past guilty plea. It rejected her application on the basis that the guilty plea showed she did not possess the necessary “good moral character” required of police officers. The “good moral character” test was legitimate – it was a statutory requirement. The police force believed this test supported its rejection of the woman’s application.

read more…

Random Alcohol and Drug Testing in Safety-Sensitive Positions

July 22, 2008 - by: Northern Exposure 1 COMMENTS

By Rachel Ravary and Philippe Lacoursière
McCarthy Tetrault

Earlier this year, we reported on the decision of the Alberta Court of Appeal in Chiasson v. Kellogg Brown & Root (see the January 22, 2008, blog entry titled Ruling helps Alberta employers defend preemployment testing challenges), which upheld an employer’s right to perform mandatory preemployment alcohol and drug screening for safety-sensitive positions.

read more…

Avoiding Hiring Pitfalls in Canada

April 22, 2008 - by: Northern Exposure 0 COMMENTS

By Kate McNeill
McCarthy Tetrault

We all know that once you hire an employee, you have certain legal obligations to that employee. But what about before you even hire someone?

In Canada, job applicants are entitled to certain human rights and common law protections that employers must be aware of in their hiring practices. In this Q&A, we provide answers to some of the more commonly asked questions about hiring practices in the Canadian marketplace.

read more…

 Page 1 of 2  1  2 »