There are two general categories or types of pitfalls for employers in the recruitment process. The first relates to the requirements of the Human Rights Code which prohibits discrimination in employment advertising and hiring, based on any of the prohibited categories such as race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age. In this category, employers may find themselves facing a human rights complaint either over their advertising or by individuals who believe they were denied a job because of one of the prohibited reasons noted above.
The second category of pitfalls relates to situations in which an employer has either ‘over sold’ or over promised the employee position or security of employment, or lured an employee away from another secure job. In both cases, an employer may succeed in recruiting the individual they want but if the reality of the position does not live up to the promises, or the employer is forced to lay that person off shortly thereafter, the employer will be liable for claims damages based upon misrepresentation and/or constructive dismissal.
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