Wednesday, June 3, 2009
12:30 p.m. – 2:00 p.m. EDT
Playback: Monday, June 8, 3:30 p.m. – 5:00 p.m. EDT

Matthew Certosimo

Employer Counsel
Borden Ladner Gervais

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Jessica Burke

Union Counsel
Black Gropper

Rebecca Saturley

Employer Counsel
Stewart McKelvey

ISSUES:

If employers and unions are not mindful of current human rights law, as well as arbitration jurisprudence, grievances and discrimination claims are sure to follow. In this session, legal experts will examine the process of making appointments and promotions, with an emphasis on what should and should not be done to select the right people, given the latest decisions on point.

Posting and Screening:

• What kinds of qualifications can and cannot be included in job advertisements?
  
• When can an employer unilaterally change the job requirements for an established position? Can the employer include qualifications that go beyond the requirements for the immediate job?
  
• When screening applications, can employers consider applicants without the posted qualifications? What if they have equivalent or transferable skills?
  
• What can an employer not ask a prospective employee? For example, can an employer ask about disabilities, criminal record, or credit rating? Must a job applicant advise a prospective employer of a disability at the time of hiring? What if it potentially affects the ability of the employee to do the job?
• How do arbitrators incorporate privacy legislation in determining whether a security check policy is a reasonable exercise of management rights? How have arbitrators and privacy commissioners interpreted the requirements for the collected information to be "related directly" and "necessary" to a program or position?
• How long should an employer retain the information obtained through a security check? Is there a requirement under privacy legislation for the employer to keep the information for a minimum period of time? To destroy it?

The Selection Process:

• What are the essential elements of a fair and effective interview process?
• How can employers ensure that aptitude tests used for selecting candidates are administered fairly?
  
• On what grounds can unsuccessful applicants challenge selection decisions? Must/can employers consider past performance or discipline records of internal applicants? What if an employee with a poor employment history has improved over time? Where a selection system involves a high degree of subjective assessment, will it necessarily be deemed biased?
• What rules govern in the event that applicants are substantially equal in their qualifications? Is it legal to reject applicants on the ground they are overqualified?
  
• What tests apply to determine whether there has been discrimination in the selection process, and whether adequate accommodation measures have been offered?
  
• How can employers ensure that the hiring process and job competition requirements are fair, in order to avoid charges of systemic discrimination? When should affirmative action hiring policies be implemented?
  
• In what circumstances can an employer refuse to hire an applicant because of a criminal conviction? What if a pardon has been granted? For what kinds of positions is moral integrity a bona fide occupational requirement of the job?
  
• What rights do individuals have to information gathered by the employer during the selection process? Can unions access personal information, examination marks and test results relating to competing candidates?
  
• What are the possible consequences where an applicant provides false information on an application for employment? May an employer dismiss an employee who lied about past criminal convictions?
• In making promotion decisions, can an employer consider past conduct that reflects adversely on a candidate, but was never documented or brought to his or her attention?

Remedies

• What kinds of remedies do arbitrators or tribunals award where a promotional or hiring process is found to be flawed? Promote the grievor to the position at issue? Restructure the assessment process? Order a new competition?
• How do human rights tribunals calculate damages in cases where discrimination in hiring is found? When will special damages be awarded?

This Audio Conference has been approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits, and by the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification.

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.