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

June 23, 2013 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…

Hiring Decisions and Older Workers — Avoiding Liability

December 27, 2010 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.

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Happy Headhunting for Employers

April 26, 2010 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.

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