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Recruiting & Hiring

Court denies employee's claim for negligent misrepresentation during the recruiting/hiring process

Jurisdiction: - British Columbia
Sector: - Forestry

Despite the employee's sympathetic facts in Lesage v. Canadian Forest Products Ltd.,
2009 BCSC 1427
, the BC Supreme Court denied his claims for (1) negligent misrepresentation and (2) constructive dismissal.

Background 

The employee started working for Ainsworth Lumber Company Ltd. ("Ainsworth") in 100 Mile House in 2000. He was a divisional accountant or divisional controller.

In the fall of 2006, a representative from another forestry company, Canfor, who knew the employee, contacted him to advise of an opening at Canfor. Canfor ultimately filled this position with another candidate, but subsequnetly discussed with the employee his interest in a Regional Controller position.

The employee was initially not interested in the position because it required living in Fort Nelson. However, in December 2006, Canfor advised the employee that he could be based in Prince George, and that the position would provide him with accounting responsibility for three of its mills.  read more »

Canadian employers are using social networking sites to screen candidates

The stats are in: Canadian employers are using social networking sites to screen candidates.

According to a survey by Careerbuilder.ca, 28% of the more than 400 hiring managers that they talked to use social networking sites to screen candidates.

The survey - which was completed in June 2009 - found that a further 3% of employers intend to start using social networking sites in the future for the same purposes.

I am not aware of any case yet dealing with this issue - particularly from a human rights and/or privacy perspective - but in a previous post I noted that Manitoba lawyer Donna Seale has written a three-part series that addresses the possible legal pitfalls of engaging in this practice.

"Periodic Criminal Record Checks May Infringe Privacy Right"

"Periodic Criminal Record Checks May Infringe Privacy Right" is the title of the most recent labour and employment newsletter from Vancouver law firm Bull, Housser & Tupper. You can read it here.  

"Privacy Issues in Pre-Employment Screening"

Jurisdiction: - British Columbia

Jennifer Wiegele at Harris & Company prepared a paper on, "Privacy Issues in Pre-Employment Screening" for the Continuing Legal Education Society of BC's May 2009 Employment Law Conference - 2009.

Economic recovery and the looming shortage of workers

The economic meltdown and the surging unemployment rate have muted, for the past several months, discussions about Canada's looming shortage of workers.

But with the "green shoots" of recovery starting to emerge - and the federal government's massive stimulus spending package soon to kick in - it may be time for employers to revisit Canada's workforce projections, and start examining the impact this will have on their future personnel needs.

The projections - set out in a story entitled "Oh Baby" in this month's edition of BC Business magazine - include the following:  read more »

The use of social media and internet searches in the hiring process

Jurisdiction: - Manitoba

Donna Seale is a lawyer in Manitoba with her own consulting company, Donna M. Seale Consulting Services. She also has a blog ("Human Rights in the Workplace") and recently wrote an informative three-part series on the legal implications of using social networking sites and internet searches in the hiring process. Part One can be read here.

Temporary foreign workers still needed for certain occupations

An article in today's Vancouver Sun reported that despite the downturn in the economy and rising unemployment, some sectors are still looking for temporary foreign workers to fill certain occupations. Two occupations mentioned by name in the article were community care workers in northern BC and Alberta, as well as room attendants.

Failure to disclose mental disorder upon hiring not grounds for dismissal; termination was discriminatory

Jurisdiction: - Ontario

In ADGA Group Consultants Inc. v. Lane [2008] O.J. No. 3076 (Div. Ct.), the court upheld a decision of the Human Rights Tribunal of Ontario (2007 HRTO 34) that the employee's failure to disclose his mental disorder upon hiring was not grounds for dismissal, and that his termination 8 days after he started employment was discriminatory.

"The Limits of the Application Game - Why Employee Privacy Matters"

Jurisdiction: - Canada/Federal - Ontario

"The Limits of the Application Game - Why Employee Privacy Matters" (2008) is the title of a paper written by Dan Michaluk,

Mr. Michaluk is a lawyer at Hicks Morley Hamilton Stewart Storie LLP in Ontario.

Although, as Mr. Michaluk states, there is an apparent privacy rights "gap" in Ontario employment law, he uses the paper to: describe the various sources of employee privacy rights in five parts:

  1. rights in privacy statutes;
  2. human rights and privacy statutes;
  3. privacy regulation in other statutes;
  4. contractual privacy rights; and
  5. the privacy tort.

His intent in writing the paper is to:

...illustrate that privacy rights are rooted in many sources, that there are risks of newly-developing sources of employee privacy rights and, overall, that employee privacy does matter.