Recruiting & Hiring
Nova Scotia issues "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers"
The Nova Scotia Department of Labour and Advanced Education issued a "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers" on January 16, 2012.
The Introduction of the paper states:
In June 2010, the government conducted a broad consultation on the employment of foreign workers (FWs) in Nova Scotia. Following the consultation, on May 19, 2011, the Government passed the Worker Recruitment and Protection Act, which amends the Labour Standards Code. Included among the amendments to the Code is a prohibition against charging workers (both FWs and non FWs) recruitment fees and a prohibition against recovering recruitment costs from workers. These prohibitions are now in force. read more »
Appeal Court dismisses appeal in forestry employee's negligent misrepresentation, wrongful dismissal case
My summary of the trial judge's decision can be found here.
BC Privacy Commissioner to consider use of PRIME police database for employment-related criminal record checks
BC's Information and Privacy Commissioner, Elizabeth Denham, issued a news release yesterday in which she confirmed that her office:
- has been examining the issue of employment-related criminal records checks for several months; and
- will take the recent concerns voiced by the BC Civil Liberties Association ("BCCLA") about the PRIME police database into consideration.
PRIME stands for "Police Records Information Management Environment".
The Commissioner's release goes on to state: read more »
The National Employment Law Project is a US advocacy organization for employment rights of lower-wage workers, It has offices across the United States and a staff of lawyers, policy experts and researchers.
Of note to US employers, the Project recently published a "Criminal Background Checks: A Best Practices Guide" (March 17, 2011), which speaks to best practices in the US context.
"On-line Social Networking Forums: (Un)Welcome to the Workplace" (2010) is the title of a paper written by three lawyers at Gowlings - Melanie Polowin, Bettina Burgess, and Laurence Bourgeois-Hatto.
The paper reviews, "the legal and practical issues and provides recommendations for the three main areas where on-line social networking forums impact the modern workplace:
- when used as a tool for recruitment;
- when used as a tool for marketing/selling; and
- when social networking becomes social notworking, or is otherwise harmful to the employer."
BC arbitrator addresses whether existing employees can be required to submit to periodic criminal record checks
In the May 14, 2010 labour arbitration decision in Vancouver (City) v. Vancouver Firefighters' Union, Local 18 (Police Records Checks Grievance),  B.C.C.A.A.A. No. 81, a BC arbitrator addressed whether an employer could introduce a policy that would require unionized employees in certain designated positions to submit to updated criminal record checks every five years.
Jennifer Roper, at Roper Greyell in Vancouver, has written an article about this decision ("Can Employees be Required to Submit to Criminal Record Checks?") for the firm's September 2010 newsletter. read more »
Hadiya Roderique, a lawyer at Fasken Martineau in Ontario, has written a bulletin entitled "Background Check Program a Reasonable Exercise of Management Rights" (August 4, 2010).
The bulletin provides a case summary of the decision of Arbitrator Watters in Re Diageo Canada Inc. and C.A.W.-Canada, Local 2098 (January 20 2010).