Top court speaks on hiring, re-classification

By Jeffrey Miller
|Canadian HR Reporter|Last Updated: 09/04/2003

You can’t change the job qualifications during the interview. That’s the gist of a recent decision of the Federal Court of Appeal concerning jobs at the Department of Employment and Immigration (now the Ministry of Citizenship and Immigration).

The department advertised for immigration settlement counsellors, stating that the qualifications were: “(1) Knowledge of the relevant legislation, of the branch and of issues concerning immigrant or refugee settlement. (2) Abilities and skills of interviewing, investigation, etc. (3) Personal suitability, essentially a matter of interpersonal relations and judgment. (4) Knowledge of English. (5) Reliability/security.”

However, on its written and oral tests, the department decided to weight the knowledge requirements (concerning the legislation and branch practices and issues) at only 10 per cent. And three of the five candidates it selected failed the knowledge requirement altogether.