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Questions and Answers
Questions and Answers
Under common law, what principle traditionally governed the hiring decisions of employers prior to anti-discrimination statutes?
Under common law, what principle traditionally governed the hiring decisions of employers prior to anti-discrimination statutes?
- Employers could only hire individuals who met specific criteria outlined in common law precedents.
- Employers had to adhere to government-mandated quotas to ensure equal representation of all groups.
- Employers were legally obligated to ensure diversity and inclusion in their hiring practices.
- Employers were generally unrestricted in their hiring choices, based on the concept of freedom of contract. (correct)
In the case of Christie v. The York Corporation, what was the Supreme Court of Canada's ruling?
In the case of Christie v. The York Corporation, what was the Supreme Court of Canada's ruling?
- The court dismissed the case due to a lack of anti-discrimination statutes at the time of the incident.
- The court upheld the bar's right to refuse service based on its own policies, citing freedom of commerce. (correct)
- The court ruled in favor of Christie, establishing a precedent against racial discrimination in public accommodations.
- The court determined that the bar's actions were a violation of evolving social values and ordered compensation.
What is the significance of the case Seneca College v. Bhadauria (1981) in relation to common law and discrimination?
What is the significance of the case Seneca College v. Bhadauria (1981) in relation to common law and discrimination?
- It mandated that all educational institutions must adhere to strict anti-discrimination policies.
- It established that individuals could sue institutions for discrimination under common law.
- It confirmed that while a Human Rights Code complaint could be filed, a common law action for discrimination was not permissible. (correct)
- It overturned the principle of freedom of contract, mandating equal opportunity in hiring.
What primary role do judges play in policing dishonesty and misrepresentations made during the job recruitment and hiring process?
What primary role do judges play in policing dishonesty and misrepresentations made during the job recruitment and hiring process?
According to the content, what is 'tort of deceit' in the context of job recruitment?
According to the content, what is 'tort of deceit' in the context of job recruitment?
What recourse does an employee have if they are a victim of tort of deceit or fraudulent misrepresentation by a prospective employer?
What recourse does an employee have if they are a victim of tort of deceit or fraudulent misrepresentation by a prospective employer?
What is the primary difference between 'tort of deceit' and 'tort of negligent misrepresentation' by a prospective employer?
What is the primary difference between 'tort of deceit' and 'tort of negligent misrepresentation' by a prospective employer?
In the context of job recruitment, what does 'duty of care' refer to regarding employers and employees?
In the context of job recruitment, what does 'duty of care' refer to regarding employers and employees?
What common law case is considered the root of negligent misrepresentation in Canadian tort law?
What common law case is considered the root of negligent misrepresentation in Canadian tort law?
In the case of Hedley Byrne & Co. v. Heller & Partners, what core principle did the court establish regarding liability for misstatements?
In the case of Hedley Byrne & Co. v. Heller & Partners, what core principle did the court establish regarding liability for misstatements?
In Queen v. Cognos Inc., what critical piece of information did Cognos's representative fail to disclose to Queen during the interview process?
In Queen v. Cognos Inc., what critical piece of information did Cognos's representative fail to disclose to Queen during the interview process?
What was the central claim made by Queen in his lawsuit against Cognos?
What was the central claim made by Queen in his lawsuit against Cognos?
According to the content, what must be proven to make a case for negligent misrepresentation?
According to the content, what must be proven to make a case for negligent misrepresentation?
In the case of Queen v. Cognos Inc., which of the elements required to prove negligent misrepresentation might be the most difficult to establish?
In the case of Queen v. Cognos Inc., which of the elements required to prove negligent misrepresentation might be the most difficult to establish?
According to the content, what type of statements made by an employer during recruitment are less likely to be considered negligent misrepresentation?
According to the content, what type of statements made by an employer during recruitment are less likely to be considered negligent misrepresentation?
Under what circumstances might a job applicant's fraudulent misrepresentation be considered by the courts?
Under what circumstances might a job applicant's fraudulent misrepresentation be considered by the courts?
According to the content, what is the most critical element in determining whether an employee's misrepresentation during hiring can be used against them in a legal dispute?
According to the content, what is the most critical element in determining whether an employee's misrepresentation during hiring can be used against them in a legal dispute?
In Islip v. Coldmatic Refrigeration of Canada Ltd., what was the employee's misrepresentation, and what was the employer's argument?
In Islip v. Coldmatic Refrigeration of Canada Ltd., what was the employee's misrepresentation, and what was the employer's argument?
In Islip v. Coldmatic Refrigeration of Canada Ltd., why was the employee's misrepresentation ultimately not held against him?
In Islip v. Coldmatic Refrigeration of Canada Ltd., why was the employee's misrepresentation ultimately not held against him?
What is the crucial difference between instances where a job applicant's dishonesty influences an employer's decision versus when it has no influence at all?
What is the crucial difference between instances where a job applicant's dishonesty influences an employer's decision versus when it has no influence at all?
Amanda believes she was denied a job because of her religion. According to the information provided, can she sue the employer for discrimination in a common law court?
Amanda believes she was denied a job because of her religion. According to the information provided, can she sue the employer for discrimination in a common law court?
What distinguishes fraudulent misrepresentation from negligent misrepresentation?
What distinguishes fraudulent misrepresentation from negligent misrepresentation?
What is the legal significance of a “duty of care” in cases involving the tort of negligence?
What is the legal significance of a “duty of care” in cases involving the tort of negligence?
What was the employer's misrepresentation in the case of Queen v. Cognos Inc.?
What was the employer's misrepresentation in the case of Queen v. Cognos Inc.?
Which case best demonstrates the concept of employers being restricted in freedom of contract?
Which case best demonstrates the concept of employers being restricted in freedom of contract?
According to the materials, where is the basis of most laws that affect the recruitment process found?
According to the materials, where is the basis of most laws that affect the recruitment process found?
What social change led to the restriction of 'freedeom of contract'?
What social change led to the restriction of 'freedeom of contract'?
According to the content what is the general principle of the law? [Case Law 1: Christie v. The York Corporation]
According to the content what is the general principle of the law? [Case Law 1: Christie v. The York Corporation]
Who is liable for untrue statements made without reasonable care? [see Hedley Byrne & Co. v. Heller & Partners]
Who is liable for untrue statements made without reasonable care? [see Hedley Byrne & Co. v. Heller & Partners]
Why was Mr. Queen dismissed from his role at Cognos?
Why was Mr. Queen dismissed from his role at Cognos?
Questions and Answers
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Flashcards
Flashcards
Job Recruitment and Hiring Process
Job Recruitment and Hiring Process
The process where employers search for workers and prospective employees respond, often leading to an offer of employment if both parties find a match.
Regulatory Standards Regime
Regulatory Standards Regime
The legal framework that governs most of the job recruitment process, focusing on regulations and standards rather than common law principles.
Common Law Regime
Common Law Regime
The legal framework that primarily deals with the rules of contracts, playing a more limited role in policing recruitment and focusing on dishonesty.
Tort of Deceit
Tort of Deceit
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Fraudulent Misrepresentation (Contract Law)
Fraudulent Misrepresentation (Contract Law)
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Tort of Negligent Misrepresentation
Tort of Negligent Misrepresentation
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Christie v. The York Corporation (1936)
Christie v. The York Corporation (1936)
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Complete Freedom of Commerce
Complete Freedom of Commerce
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Duty of Care (Negligent Misrepresentation)
Duty of Care (Negligent Misrepresentation)
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Hedley Byrne & Co. v. Heller & Partners (1963)
Hedley Byrne & Co. v. Heller & Partners (1963)
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Queen v. Cognos Inc. (1993)
Queen v. Cognos Inc. (1993)
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Fraudulent Misrepresentation by Job Applicant
Fraudulent Misrepresentation by Job Applicant
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Islip v. Coldmatic Refrigeration of Canada Ltd. (2002)
Islip v. Coldmatic Refrigeration of Canada Ltd. (2002)
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Freedom of Contract (Hiring)
Freedom of Contract (Hiring)
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Not Every False Statement is Negligent Misrepresentation
Not Every False Statement is Negligent Misrepresentation
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Reasonable Reliance
Reasonable Reliance
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Detrimental Reliance
Detrimental Reliance
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Special Relationship
Special Relationship
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Untrue/Inaccurate/Misleading Representation
Untrue/Inaccurate/Misleading Representation
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Negligent Action in Misrepresentation
Negligent Action in Misrepresentation
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Flashcards
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Study Notes
Study Notes
Job Recruitment and Hiring Process
- The job recruitment and hiring process is the beginning of the employment relationship and is similar to a courting process.
- Employers search for workers, and prospective employees respond, ultimately meeting and potentially leading to an employment offer if both parties are satisfied.
Regulation of Recruitment
- Most laws affecting recruitment are found in regulatory regimes, not common law.
- The job recruitment process occurs before an employment contract is created.
- Judges primarily address dishonesty and misrepresentations to ensure informed decisions during recruitment.
- Common law courts have a limited role in policing recruitment.
Common Law and Freedom of Contract
- Common law is driven by the concept of freedom of contract, allowing employers to hire anyone they choose.
- Early common law regimes were blatantly discriminatory, with job ads openly specifying "Men Only" or "Whites Only".
- Governments began enacting statutes in the 1950s to prohibit certain forms of hiring discrimination, which restricts employers' freedom of contract.
Common Law's Silence on Discrimination: Christie v. The York Corporation
- In 1936, Fred Christie was refused service at a bar because of a rule against serving Black people; he sued but lost in the Supreme Court of Canada.
- The Supreme Court upheld "complete freedom of commerce," restricting it only by statute or rules contrary to good morals/public order and did not consider the rule prohibiting “negroes” from buying beer as either of those restrictions.
- The Court criticized Christie for causing a scene, considering his actions unwarranted since the refusal was "polite".
- The principle from Christie has implications for employment law, indicating employers are unrestricted in hiring under common law
- In Seneca College v. Bhadauria (1981), the court found that Bhadauria could file a Human Rights Code complaint but not sue Seneca College in a common law action for discrimination.
Common Law Torts in Job Recruitment
- Judges play a limited role in policing the job recruitment process, focusing on regulating the truthfulness of information.
- Common law judges deploy both tort and contract law to ensure informed contracting parties.
Tort of Deceit/Fraudulent Misrepresentation
- Under tort law or contract law, a prospective employer cannot deliberately mislead or lie to a prospective employee to induce them to accept a job offer.
- The employee has the option to rescind the contract and recover damages suffered if deceit or fraudulent misrepresentation occurs.
- Cases involving deceit and fraud are low because employers rarely lie to applicants, and proving deceit/fraud is difficult for employees.
Tort of Negligent Misrepresentation
- This tort applies when employers mislead prospective job applicants without deliberate intention.
- Employers and employees owe a duty of care to each other during the job recruitment process.
- Negligent misrepresentation in Canada originates from the British common law case Hedley Byrne & Co. v. Heller & Partners (1963).
Case Law: Hedley Byrne & Co. v. Heller & Partners
- Heller & Partners (a bank) wrongly informed Hedley Byrne that company X was a good credit risk and company X subsequently went out of business without paying Hedley Byrne its fee.
- Hedley Byrne sued the bank, arguing that it was wrong for someone possessing special knowledge to make untrue statements without ensuring accuracy.
- The Court agreed and thereby invented the tort of negligent misrepresentation.
Case Law: Queen v. Cognos Inc. (1993)
- Queen accepted a job with Cognos Inc. in Ottawa, based on Johnston's statement about working on a new project.
- Cognos did not disclose the project was conditional on funding.
- Queen quit his job in Calgary and moved his family to Ottawa, but was dismissed 17 months later after the funding failed.
- Queen sued Cognos, alleging negligent misrepresentation during the interview process.
- The tort of negligent misrepresentation applies to the pre-employment recruitment process.
Elements for Negligent Misrepresentation
- Duty of Care: a "special relationship" between the representor and the representee.
- Untrue Representation: the statement must be untrue, inaccurate, or misleading.
- Negligence: the representor must have acted negligently in making the misrepresentation.
- Reasonable Reliance: the representee must have reasonably relied on the negligent misrepresentation.
- Detrimental Reliance: the reliance must have resulted in damages to the representee.
- In Queen v. Cognos Inc., the most difficult element to prove would be determining if the reliance resulted in detriment to the representee since damages must have resulted.
- Not every false statement made by an employer during recruitment amounts to negligent misrepresentation.
- Courts assume employees understand that predictions may be wrong.
Fraudulent Misrepresentation by a Job Applicant
- Applicants may embellish credentials to attract employers or secure better terms.
- This is fraudulent or negligent misrepresentation
- Applicant knowingly makes a misrepresentation that induces the employer to hire them.
- The Clark decision emphasizes mutual trust as fundamental to the employment relationship.
Clark v. Coopers & Lybrand Consulting Group (2002)
- Clark lied about academic qualifications to get a high-level job at Coopers & Lybrand.
- The employer terminated Clark’s contract without notice after discovering the deception years later.
- Clark sued for wages in lieu of notice and a bonus.
- If an employer learns of dishonesty during recruitment, legal issues typically do not arise because the employer will not hire that person.
- The issue usually surfaces in wrongful dismissal lawsuits after hiring and signing the contract.
Islip v. Coldmatic Refrigeration of Canada Ltd. (2002, BC Court of Appeal)
- Coldmatic hired Islip, offering a truck for use and purchase for $1 at contract end.
- Islip falsely stated he earned $75,000 annually, when he earned $64,000; Coldmatic agreed to pay $75,000.
- Coldmatic reneged on selling the truck; Islip sued for constructive dismissal and truck value.
- Coldmatic argued Islip’s fraudulent misrepresentation precluded him from claiming damages under contract.
- An applicant's dishonesty is inconsequential if it has no bearing on the employer’s decision to hire.
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