Webcast description

• pre-employment human rights considerations — how an employer can inquire about the skill level and fit of a prospective employee and still be compliant with the law
• the importance of capturing the offer in an employment contract
• special considerations when using recruiters
• why it is important to not oversell the position
• the pros and cons of various contractual arrangements with employees
• the pitfalls associated with misconduct-based terminations

Watch a video of Janice discussing what you need to know when dismissing an employee.

Presentation outline

The presentation will be divided into four sections, each with its own topic. The discussion will initially focus on the general legal principles, and then cover a problem based on a case study created to illuminate the legal principles.

Problem One: Hiring — Human Rights
The challenges employers face when trying to obtain information about a prospective employee, while at the same time trying to comply with human rights legislation. 

Problem Two: Hiring — Misrepresentation
The challenges employers face when trying to accurately describe the position available to the employee both at the interview stage and at the stage in which the agreement is put down in writing. 

Problem Three: Firing — Choice of Contractual Arrangements
The choices employers have in terms of the contractual arrangements they have with employees and the pros and cons of each from a termination perspective.

Problem Four: Firing — Misconduct
The challenges employers face when attempting to terminate an employee as a result of the employee’s misconduct. We will consider what types of behaviours constitute just cause for such a termination, and what type of care the employer must take before embarking on such a termination. 

System requirements

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Janice Rubin, BA, LLB, graduated from the University of Toronto having obtained her BA in political science and history. A graduate of Osgoode Hall Law School, Janice was called to the bar in 1991. Among other educational achievements, Janice graduated from Harvard Law School’s basic and advanced negotiation programs and CDR Associate’s mediation program. She is currently the managing partner with the employment law firm, Rubin Thomlinson LLP. Janice has been listed in the 2006, 2007–2008, 2009, and 2010 editions of The Best Lawyers in Canada. She is also included in the 100th anniversary edition of Canadian Who’s Who.

Janice’s practice is restricted to matters involving employment law and workplace human rights. She counsels employers and employees on such issues as wrongful dismissal and terminations, employment standards, and contracts. Janice is also frequently engaged as a workplace investigator and mediator.

Janice has authored numerous articles concerning the workplace and is frequently quoted in the media as an employment law expert. She is the author of Law of Termination in Ontario and, most recently with her partner Christine M. Thomlinson, the Human Resources Guide to Workplace Investigations. Janice is also Chair of the Canadian Women’s Foundation "Women Moving Women" campaign.

    www.rubinthomlinson.com