Topic 2: Provincially Regulated Employers via Common Law

Question 1

Name 6 areas of Common Law liability related to employment

Answer 1

Misrepresentation
Wrongful Hiring
Inducement/Aggressive Hiring
Background Checking
Anticipatory Breach of Contract
Restrictive Covenants

Question 2

Common Law is?

Answer 2

body of law primarily developed through judicial decisions rather than statutes and legislation.

Question 3

What does employment-related legislation help with?

Answer 3

Enforcing a “floor of rights” , setting a minimum standard by law that employees cannot be offered less than

Question 4

What is wrongful hiring

Answer 4

It involves negligent misrepresentation, where a job is represented incorrectly

Question 5

What is the diff between wrongful hiring and misrepresentation

Answer 5

wrongful hiring usually refers to misrepresentation by the employer, while misrepresentation refers to a candidate usually lying about their suitability

Question 6

What is inducement

Answer 6

refers to aggressive recruitment designed to entice an employee from secure employment

Question 7

What are restrictive covenants

Answer 7

Limits on employee’s post-employment opportunities e.g. non-compete clauses