LAW 529 Lecture 2: Week 2 (September 14th, 2012).docx

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Law529-011: employment & labour law (september 14th, 2012 week 2) Misrepresentation is a false statement expressed during negotiation of a contract. There is no legislation that requires job candidates to be honest during the application process. However, a misrepresentation by a job applicant will be just cause for dismissal where it goes to. The false statement related to qualifications or work experience has a significant the root of the qualifications for the job: impact on the hiring decision; inherent lack of honesty, especially when the job requires a high degree of trust. The false statement (which may not be material to the hiring decision) suggests an. The employer has an obligation to ensure that material statements made during the recruitment process are accurate. Employee has to prove five elements (queen v. cognos): misrepresentation; There must be a duty of care based on a special relationship between the parties; Representation must be untrue, inaccurate, and misleading;

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