ADMS 3420 Lecture Notes - Lecture 3: Seneca College, Cognos
1 Jun 2018
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ADMS 0 - Chapter 6
The Common Law and Discrimination in Job Recruitment and
Hiring
- I the Coo Law, coplete freedo of coerce reigs, with few exceptios.
- In Christie v. The York Corporation (1936), Supreme Court ruled that the Common Law
does not prohibit discrimination in the formation of a contract
- Years later, in Seneca College v. Bhadauria (1981), SCC affirmed Christie when it ruled
that a refusal to hire someone because of their ethnicity does not violate any recognized
tort.
o Therefore, discrimination issues in hiring must be dealt with under the second
regime of work law: regulatory standards and human rights statutes in
particular.
Common Law Torts that Apply to Job Recruitment and Hiring
- Judges play a limited role in policing the job recruitment process.
- Common law judges have deployed both tort and contract law in their attempt to police
dishonesty in the recruitment process.
- Chapter 6 explores several torts that prohibit dishonesty by job applicants and
employers.
- Tort of Deceit or Fraudulent Misrepresentation by a Prospective Employer
o An employer cannot deliberately mislead or lie to a prospective employee in
order to induce that person to accept an employment offer.
o The dishonesty must have been deliberate
o Employee can sue for however much they think they lost/deserve from the
deceit
- Tort of Negligent Misrepresentation by a Prospective Employer
o Tort of negligent misrepresentation is concerned with an employer misleading a
prospective employee.
o It does not require a deliberate lie or intention to misinform.
o Negligence only applies in relationships where one party has a legal duty of care
to the other party
o There must be a recognized duty of care between the two parties
o Case Example: Queen v. Cognos pg. 82 CASE SUMMARY 23 minute mark
- Fraudulent or Negligent Misrepresentation by a Job Applicant
o This concerns misrepresentation by a prospective employee during the job
recruitment process.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The common law and discrimination in job recruitment and. I(cid:374) the co(cid:373)(cid:373)o(cid:374) law, (cid:862)co(cid:373)plete freedo(cid:373) of co(cid:373)(cid:373)erce(cid:863) reig(cid:374)s, with few exceptio(cid:374)s. In christie v. the york corporation (1936), supreme court ruled that the common law does not prohibit discrimination in the formation of a contract. Common law torts that apply to job recruitment and hiring. Judges play a limited role in policing the job recruitment process. Common law judges have deployed both tort and contract law in their attempt to police dishonesty in the recruitment process. Chapter 6 explores several torts that prohibit dishonesty by job applicants and employers. Tort of negligent misrepresentation by a prospective employer: tort of negligent misrepresentation is concerned with an employer misleading a prospective employee. Fraudulent or negligent misrepresentation by a job applicant: this concerns misrepresentation by a prospective employee during the job recruitment process, case example: clark v. coopers lybrand pg.
