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CHAPTER_3_-_COMMON-LAW_ISSUES - COMMON LAW ISSUES Chapter...

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1 COMMON LAW- ISSUES COMMON LAW- ISSUES Chapter Focus: Review key common-law issues related to hiring, including negligent misrepresentations Consider the distinction between an employee and an independent contractor; and Review the common categories of employees
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2 MISREPRESENTATION BY MISREPRESENTATION BY APPLICANT APPLICANT 1. Misrepresentation by job Candidates (Ground for dismissal) Principle can also apply to false statements are not material but suggest an inherent lack of honesty Minor or negligent misrepresentation do not customarily justify dismissal without notice Employer should include “attestation clause”
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3 2. 2. MISREPRESENTATION BY MISREPRESENTATION BY EMPLOYER EMPLOYER Queen v. Cognos Held:. The following test was set out: There must be a duty of care based on a special relationship The representation must be untrue, inaccurate and misleading The party making the misrepresentation must have acted negligently in making the misrepresentation The candidate must have reasonably relied on the negligent misrepresentation The reliance must have caused harm.
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4 NEGLIGENT NEGLIGENT MISREPRESENTATION MISREPRESENTATION Employers should: Ensure all information is accurate and complete Written contract should include a clause that all oral representations are void on the signing of the contract Executive search companies should be limited on what they can represent to prospective job applicants
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5 3.
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