1. HRM782 Recruitment And Selection Techniques
Answers:
Introduction
The recruitment and hiring process in an organization influences the overall organizational
performance. This process is the part of HR management that needs to be taken care of for
sustainable relations development with the employees. Wilson Bros is a known name in the
prepared food markets in the Canadian Industry. The company has a reputation for service
excellence and an exceptional work environment. The sales margin of the Wilson Bros
products has been falling in recent years because of the competitive pricing aspects.
Competitors of the company are gaining the market share, and therefore, the customer's
numbers are reducing in recent times. Therefore, the company must attempt to adopt
different mediums for selling its products. Getting the federal government contract for the
company's food services could enhance the brand value and customers trust of Wilson Bros.
The definitive laws and regulations come with the government contract that ranges from
employment to the work cultural aspects in organization. This report aims to analyze the
legislation in the Ontario federal government that will give insight into the company
operations regarding their HR policy development. The most crucial legislation for the
government contract would be Ontario Human Right Code (1990) and Federal Employment
Equity Code (1995).
Major Provisions Of These Codes Impacting The Recruitment And Selection Of Employees
Ontario Human Right Code (1990)
The Ontario Human Rights Code, 1990 covers multiple aspects of human rights, ranging in
services, accommodation, contracts, employment, reprisals, and many more. The
employment regulations are stated in section 5(1) of this act. According to 5(1) section of
the law- “Every person has a right to equal treatment concerning employment without
discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, age, the record of offenses, marital status, family status or
disability.” ("Human Rights Code"). Discrimination-free recruitment and hiring process is
encouraged by this act for the firms working in Ontario. Any discrimination based on the
above- mentioned grounds can cause legal problems for the companies working in this
province. The act also explains different levels of hiring and recruitment requirement for

2. companies. The section 5 states that the organizations must attract the talent through
application forms where the job responsibilities will be stated. The qualification for the job
is to be mentioned directly or indirectly and there would be no place for the discrimination
of the above grounds. The interview and qualification must not have the elements of
discrimination within the employment process. Equal treatment is expected for all the
candidates on the ground of employment and the employment agency must not
discriminate the candidates under the prohibited ground of discrimination. These are the
major aspects of employment that are related to the act. Wilson Bros are trying to get the
federal government contract, so there would be the need for extra staffing for the new
projects. Complying with these regulations is necessary to avoid legal animalities within the
project.
Federal Employment Equity Code (1995)
The Employment Equity Act is related to workplace equality built to guide the employers
and the employees about their rights and responsibilities in the employment act. According
to this act, the main aim of this legislation is to achieve equality in the workplace
("Employment Equity Act"). As stated in the “Purpose of the Act”- the Employment Equity
Act, this act is instrumental in guiding the correction of the disadvantages that can be
present in the workplace for people from minority groups, women, aboriginal people, and
people with disabilities. This means that the employers of Canada, who employ one
hundred or more than one hundred employees, have the responsibility to develop the
employment system that is more than treating persons, as it includes the accommodation of
differences and inclusion of special measures for the people with special conditions
(“Employment Equity Act”). This act is crucial for understanding the different
considerations to be made by employers to provide equal employment opportunities for all
people. The act applies to the governmental and non-governmental employers of the
country. The Employer Obligations part of the act is important for Wilson Bros's new
venture. This is the part where the federal policymakers have elaborated the
responsibilities of the employers like Wilson Bros that are to have adhered. The first thing is
to identify and eliminate employment barriers for the minority and differently-abled
people. The exceptions are also mentioned as the law states that the obligation of this act
does not require the employer to take the measures where the measure can cause high
hardship to the employer.
The employment policies of Wilson Bros are to be based on the employment relations
stated in the Employment Equity Act. The act provisions are the guidelines for the company
that wants to improve its employment practices in the Canadian context. The analysis and
review are a major part of the act. According to this act, every employer need to collect
information and analyze it before finalizing their employment policies. The employment
systems, practices and policies are to be set following the Employment Equity Act. The
people who are intended to identify themselves as part of the aboriginal groups or people
with disability groups are to be counted as the members of the designated group under this

3. act. Wilson Bros has a work culture that is inclusive and discrimination-free. Compliance
with these two acts is necessary not only for the legal aspects but at the same time; these
laws can provide depth to the hiring and recruitment process of the company. The
employer’s equity plan development is suggested by the Employment Equity Act. In section
10, the act narrates the measures that the companies can take before finalizing their
employment equity plan.
It is necessary for the employees of the organization along with authority to have the
knowledge of these two acts. The transparency and clarity about the employer and
employee rights will enhance the relevance of the organizational HR Policies. The legislation
gives the idea of employment, turnover, and other important ground for the HR
management. The Wilson Bros need to develop the selection policies of the new project
needs. Understanding the Ontario Human Right Code (1990) and Federal Employment
Equity Code (1995) would create the base for employee rights and selection aspects.
Actions To Comply With The Legislations
Conducting The Job And Organizational Analysis
The Ontario Human Right Code (1990) advocates the need to conduct job analysis before
recruitment advertising. The job analysis helps in delegating and detecting the employment
needs of the company. The company needs to develop information on the market needs.
Deciding the status of the food market profits and the reason behind it needs to be analyzed.
This analysis will direct to the need of the skills and competence that are necessary for
organizational success. The job role development for the company project could be done
based on this analysis. Later, the company also needs to comply with their organizational
goals with employee skills. This will add to the employee equity plan which is necessary for
compliance to the Employment Equity Act. Having the idea of the job needs and
responsibilities will help in an application for employment as per the section 5(1) of Human
Rights Codes (“Ontario Human Right Code)”.
Identifying Performance Measures And Recruitment Needs
Fair and effective employee performance measure development is another crucial action in
HR management process. According to the Performance management theories in Human
Resource Management, the employees are motivated and actively participate in the
organizational function if the performance management is effective. The performance
measure is part of the employee rights aspects. The performance measure also includes the
accommodation, teamwork, and environmental aspects of the company. Therefore, the
Wilson Bros. organizational structure will be improved through the performance measure
aspects. The recruitment needs of the company should be in compliance with the
regulations of the two employment acts discussed above. As the company would identify
the legislative needs that are needed to act upon, the overall impact would be positive on
the business (Catano). Therefore, the management of the company must develop a unique

4. performance measure for their operations. The human resources are to be evaluated on the
performance standards completely free from the discriminations of wrong ground. The
criteria for the performance measurements should be communicated to the employees to
make sure that each are given informed opportunities for their career development. Along
with that Wilson Bros have the required resources for the equity establishment among the
employees. The preservation of the employment rights in the hiring process are to be
included.
Developing And Communicating Policies
Communication of the policies and implementing them effectively to comply the legislative
needs are also the part of employers’ responsibility. The section 14 and 15(1) in the
Employment Equity Act states that every employer needs to provide information on the
employee equity purpose and their policies regarding this equity act (“Employment Equity
Act”). The communication of the acts matters as a mere implementation of the equity and
human rights policies are not sufficient. Employees of the organisation should be included
in the employment equity plan decisions. The employers should develop policies to restrict
any kind of discrimination in the workplace to avoid a poisonous work environment. Both
of these acts give employers a primary chance to avoid employee inequality and
discrimination. Therefore, the company could build an evaluation committee for monitoring
the act compliances and communicate the policies to the employees effectively. This would
increase the transparency and fairness in workplace set up for Wilson Bros.
Penalties For Non-Compliance For Each Piece Of Legislation
Ontario Human Right Code (1990) is enforced by the Human Rights Tribunal of Ontario.
This government agency has the right to cancel the license of the company if they are
accused of serious charges of non-compliance to the human rights of the employees. It is
mentioned in the section 9 of the code that “No Person shall infringe or do, directly or
indirectly, anything that infringes a right under this Part. R.S.O. 1990, c. H.19, s. 9” ("Human
Rights Code, R.S.O. 1990, C. H.19"). According to section 46.2 of the Ontario Human Rights
Code, the individual who violates section 9, is subjected to a fine of not more than $25,000
(“Human Rights Code”). An employee who feels his or her human rights are violated needs
to communicate the problem with the employer initially. The victim can approach the
Human Rights Tribunal of Ontario if he or she feels the employers are not resolving the
discriminatory issues. In section 45.2, the amendments in the Orders of Tribunal states that
the party who infringes the rights of another party is directed to pay monetary
compensation. These grounds for infringement could be an injury to feelings, dignity and
self- respect. Hence, Wilson Bros. Human Resource Department needs to work actively in
preventing any kind of human rights violation in their organisational premises.
Non- compliance with the Federal Employment Equity Code (1995) is a direct violation of
equality in workplace legislation. The Wilson Bros come under the Equity Plan provision of

5. the Canadian government. It is the responsibility of the employers under section 18 to file
an Employment Equity report to the Minister of Labour. According to Part III, “Assessment
of Monetary Penalties”, every private-sector employer who fails to file the employment
equity report, fails to provide necessary information or provides misleading information
commits the violation of the Employment Equity Act ("Employment Equity Act"). The
violation is not considered an offence and is not the part of criminal codes. At the same time,
monetary penalties will be imposed within two years timeline, by the Minister, if a case of
violation is noticed. Private companies, like Wilson bros., might have to pay a monetary
penalty of $10,000 for a single violation and $50,000 for continued or repeated violation of
the code ("Employment Equity Act").
Reference List
Catano, Victor M. et al. Recruitment And Selection In Canada. 7th ed., Nelson Education,
2019.
"Employment Equity Act". Laws-Lois.Justice.Gc.Ca, 2022, https://laws-
lois.justice.gc.ca/eng/acts/e-5.401/page-1.html.
"Human Rights Code". Ontario.Ca, 2022,
https://www.ontario.ca/laws/statute/90h19/v8#BK6.
"Human Rights Code, R.S.O. 1990, C. H.19". Ontario.Ca, 2022,
https://www.ontario.ca/laws/statute/90h19/v31#BK10.