LAW 529 Lecture Notes - Lecture 7: Cognos, The Employer
DepartmentLaw and Business
Course CodeLAW 529
ProfessorPnina Alon- Shenker
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Chapter 6 – The Job Recruitment and Hiring Process
• Common law is concerned with honesty in hiring.
o Honesty of the employer and of the job applicant
• The statutory and regulatory regime is concerned with discrimination in hiring.
o Refusing to hire based on prescribed personal characteristics (colour, gender, religion,
Common Law Issues
Deceit or fraudulent misrepresentation by prospective employer;
o An employer tells a job applicant something that the employer knows is not true;
o The job applicant relies on the untrue statement and suffers a loss.
• The employer can be sued for deceit (tort) or fraudulent misrepresentation (contract).
Negligent Misrepresentation by Prospective Employer
o The employer misleads the job applicant or tells the applicant something that is not
true. It does not require intention;
o The originating precedent is the UK decision, Hedley Byrne & Co. Ltd. v. Heller &
Partners Ltd., later applied in Canada to the hiring process in Queen v. Cognos (Ref.
• A key feature is the duty of care owed by prospective employers to job applicants during the
• To succeed, the plaintiff must demonstrate:
o The precise nature and particulars of the alleged misrepresentation;
o That the misrepresentation was false;
o That the misrepresentation was made with the expectation that it would be relied
o That the person did rely upon the misrepresentation; and
o That the person suffered a consequential loss or damage.
• Misrepresentation by Job Applicant
o The employee lied about his or her credentials during the hiring process.
• What are the consequences?
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