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Lecture 2

LAW529: Week 2 (September 14th, 2012).docx

6 Pages

Law and Business
Course Code
LAW 529
Pnina Alon- Shenker

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thLAW529011 EmploymentLabour Law September 14 2012Week 2 Chapter 3 Common Law IssuesHiring Misrepresentation by Job Candidate Negligent Misrepresentation Inducement Restrictive CovenantsAnticipatory Breach of Contract Background CheckingMisrepresentation by Job CandidateMisrepresentation is a false statement expressed during negotiation of a contractThere is no legislation that requires job candidates to be honest during the application processHowever a misrepresentation by a job applicant will be just cause for dismissal where it goes to the root of the qualifications for the jobThe false statement related to qualifications or work experience has a significant impact on the hiring decisionThe false statement which may not be material to the hiring decision suggests an inherent lack of honesty especially when the job requires a high degree of trustNegligent MisrepresentationThe employer has an obligation to ensure that material statements made during the recruitment process are accurateEmployee has to prove five elements Queen v CognosThere must be a duty of care based on a special relationship between the partiesRepresentation must be untrue inaccurate and misleadingThe party making the representation must have acted negligently in making the misrepresentationThe candidate must have reasonably relied on the negligent misrepresentationThe reliance must have caused harm to the candidateExecutive Search Firm MisrepresentationsThe employer is generally liable for negligent misrepresentation by a recruitment firm An executive search firm may be held liable if it is negligent in the way it conducts its search and the employer suffers damages as a result Treaty Group Inc v Drake International
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