In today’s world, information is easily accessible; the right to privacy and the protection of personal information is therefore of increasing concern. In such circumstances, one should question the extent of the employer’s right to verify the information provided by candidates who apply for a job.
How do you reconcile the need for an employer to find out and ensure the veracity of a candidate’s statements with his right to the protection of his personal information? For example, can an employer check information on an applicant’s education, previous jobs, criminal record or creditworthiness and, if so, what are the limits? Now from PiPro Private Investigator Scarborough you can have the best work done. Owned by Usman Khan this is the best option for you.
The requirement of necessity
The Act respecting the protection of personal information in the private sector grants considerable protection to individuals with regard to the information which makes it possible to identify them. The Civil Code of Scarborough and the Charter of human rights and freedoms also provide protection, although more general, in this area.
- In terms of information, the basic principle is that an employer can only collect the information necessary for the subject of the candidate’s file. The data thus collected and verified before hiring can only be added directly to the employee’s file if they also meet the necessity criterion in the employment file. The Act also prohibits businesses from rejecting a job application because of a person’s refusal to provide personal information that is not necessary.
- What is this necessity criterion? The information required will be determined based on the circumstances of each situation; but it should, at the very least, relate to the qualities and aptitudes required by the job. Furthermore, it seems undisputed that the burden of proving this need rests on the person who invokes it, the employer in the vast majority of cases.
- It is very important to understand that the Scarborough Access to Information Commission has already examined this question and decided that the criterion of necessity is much stronger than information that it would be useful or relevant to collect. The cheap private investigator can offer you the best choices there.
Diplomas and education
It is generally recognized that information pertaining to a candidate’s qualifications and education is necessary for the hiring process, as long as it is linked to the desired job and job requirements. In this case, an employer can ensure the veracity of such information. Case law also recognizes the right, to an employer who has realized after verification that the candidate had made false statements about his education or the education required for the position, to dismiss this employee. The courts will have to decide whether the information requested is necessary in order to determine whether it is related to the position and to the requirements established by the employer.
For example, an arbitration tribunal has already decided that an employer can terminate the employment of an industrial engineer who claimed to have a bachelor’s degree in engineering when in reality he was missing three credits to graduate . He had transmitted false information on an essential element for the conclusion of the employment contract since it was expressly required to have the diploma in question. In another decision, it was decided that an employer could fire a university professor who had made false statements about the progress of his studies with a view to obtaining a doctorate. Thus, not only is it permissible to verify the information collected with regard to diplomas and education when it is necessary, but it is also permissible to dismiss any employee who deliberately misleads the employer in this regard.