This article discusses questioning employees about essential functions when hiring in Canada.
Trust is a fundamental element in the relationship between an employer and an employee. That relationship of trust can be breached in various ways during the course of employment including during the hiring process when an employer questions candidates to determine if they are capable of performing the essential duties of the position they are seeking.
The courts have often been asked to rule about the consequences of misrepresentation by a candidate during the hiring process. In fact, in 2012 the Quebec Court of Appeal in Syndicat des infirmières, inhalothérapeutes, infirmières auxiliaires du Cœur du Québec (SIIIACQ) v. Centre hospitalier régional de Trois-Rivières, 2012 QCCA 1867 (in French only).confirmed that in certain circumstances, termination of employment was justified.