TorontoJobs.ca Employer Newsletter

September 2006

Welcome to the September 2006 edition of the TorontoJobs.ca Employers Newsletter.

Human Resource S.W.O.T. Analysis
by Dinah Bailey, HR ByDESIGN

Upcoming Career Fairs in the GTA

Background Checks and an Employee's Right to Privacy
by Earl Altman

Link to the September issue of the Toronto Jobs Newspaper

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Human Resource S.W.O.T. Analysis

An article by: Dinah Bailey, HR ByDESIGN

With many smaller sized organizations not having a full-time in-house Human Resource representative, the choice may be to outsource this function to an HR Consultant. Choosing to go this route is a wise investment. But how does one know where to start in terms of the organization’s human resource requirements? Well, complete a S.W.O.T. Analysis, of course!

S.W.O.T. Analyses have been conducted by many organizations over the years. What’s it stand for? S.W.O.T. is a tool used to understand an organization’s:

Strengths - focusing on the elements that make the organization what it is
Weaknesses – minimizing/correcting areas that leave the organization vulnerable
Opportunities - maximizing prospects and valuing change
Threats - ensuring awareness of risks or perils to the organization

Strengths and Weaknesses are typically internal while Opportunities and Threats are external. A S.W.O.T. Analysis can be performed on an entire organization, but it can also be used to focus on specific divisions such as Human Resources. In choosing to outsource the human resource function, this process can prove to be a key element in achieving strategic goals in this area.

Making It Work...

An individual can complete a S.W.O.T. Analysis on their own but it is recommended to involve as many people as possible in evaluating these criteria. It’s recommended that two S.W.O.T. Analyses be conducted – one with management and one with employees. The cross referencing of feedback from management and employees may reflect differing opinions and perspectives. In a larger organization, perhaps more than 30 employees, it may be beneficial to select a couple of people from each department to participate in the process to assist in keeping the group focused.

Upcoming Career Fairs in the GTA

Career Fairs are a great way for you to recruit for multiple positions in one place, conduct one on one interviews with qualified candidates and network with other top companies throughout the Greater Toronto Area!

Some Quick Career Fair Tips!

When you go to career fairs, keep in mind some simple things:

Bring business cards
Don't just meet one person and talk to that person the whole time...mingle.
Listen carefully to what others are saying
Make eye contact with the person you're speaking with
Shake hands and smile
Don't talk with your mouth full!
Don't flirt!

TorontoJobs.ca regularly attends many Job and Career Fairs in the Greater Toronto Area. For a complete list of upcoming Job and Career Fairs in the GTA that TorontoJobs.ca will be at, click here.

Background Checks and an Employee's Right to Privacy

An article by: Earl Altman, Employment Law

It has become commonplace in many industries for employers to conduct reference checks, background checks, and security checks on new employees. Depending on the industry, these checks can be rather extensive. In some cases, the application for employment contains a provision whereby the applicant consents to the employer conducting such checks and reviewing the results. However, on higher level positions where there is no “application” there is a question as to whether such checks violate the employee’s right to privacy.

This issue was considered in a recent decision of the Ontario Superior Court. In this case, the employee sued the employer for violation of his right to privacy as a result of a credit bureau check performed by the employer without the employee’s consent. The employee’s claim was based on an alleged breach of his right to privacy. The employer brought a motion to the Court to have the Claim dismissed as disclosing no reasonable cause of action.

The Court first referred to the well settled principle that an action should not be dismissed at such an early stage unless it is “plain and obvious that the action could not possibly succeed”. The novelty of the nature of the action should not prevent the plaintiff from seeking to pursue his rights.

The Court then reviewed the state of the law in Ontario as to the right to privacy, and whether or not it was settled law in Ontario that there is no common law tort of invasion of privacy. The Court reviewed the various decided cases, and authorities in the area and arrived at the conclusion that, in fact, the possibility of a cause of action for the intentional tort for invasion of privacy had been accepted. While the Ontario Courts have not been unanimous in accepting that principle, it was sufficient for the purposes of this motion that the concept had not been rejected out of hand.

Having accepted that there was a possibility that such a tort existed, the Court then went on to consider how that right ought to be protected. It reviewed certain cases and reached the conclusion that, in fact, there is a right to privacy in the civil law context. The Court is required to balance the right of privacy of individuals against the state’s objective of promoting public safety. This balancing should come down on the side of the individual wherever possible.

The Court also referred to the advances in technology and the ease with which personal data can now be disseminated. As a result, society as a whole and the Courts in particular should have greater concern to protect an individual’s rights to privacy. As the Court stated, “…the time has come to recognize invasion of privacy as a tort in its own right”. The Court therefore refused to dismiss the claim as disclosing no cause of action.

The case serves as a warning to employers to exercise caution when conducting background checks and other checks of an employee’s qualifications. Particular advice should be obtained where the situation warrants. We will continue to monitor the development of the law in this area and keep our clients informed as the law evolves.

About the author: Earl Altman is a partner with the Toronto law firm of Garfinkle Biderman LLP. He can be reached at (416)869-1234 Ext. 280 or ealtman@garfinkle.com.

Link to the Toronto Jobs Newspaper

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