LAW 529 Chapter Notes - Chapter 3: Wrongful Dismissal, Attestation Clause, Cognos
25 Apr 2016
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Document Summary
Two main sources of law affect hiring stage: common law and human rights. Today focus on common law: main areas of potential common law liability for both parties during the recruitment, selection, and hiring phases. False statement expressed during negotiation of a contract. No legislation requires job candidates to be honest. Er has an obligation to ensure that material statements made during the recruitment process are accurate (queen v. cognos). Tort claim inducement to breach of contract: tort damages. Contractual claim: when the employee who was induced to leave a secure job and work for a new employer at the prospects of obtaining job security, is subsequently dismissed by the new employer (egan v. alcatel canada). The court may extend reasonable notice on the basis of various factors (e. g. how secure the previous job was; whether the new job involved relocating). Inducement and neg. misrep. are separate legal claims.
