Ontario legislation regarding “ghost” job posts: Lior Samfiru on 640 Toronto

Interview Summary

The provincial government has proposed legislation that will force companies to be honest about their job postings. Employers must disclose whether or not a position exists and needs to be filled. The legislation also posits employers will have to inform candidates they did not get hired after coming in for job interviews. Will this legislation have a significant impact on the job-seeking process?

Lior Samfiru, an Ontario employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joined 640 Toronto’s Alex Pierson to discuss the legislation and employee rights.

Interview Notes

• Need for this legislation: Samfiru believed that this legislation would not be popular with other provinces. “I just don’t think this is thought through and looks good on a press release. Often employers are preparing for an eventuality,” Samfiru said in regards to job postings. Employers might also be interested in finding potential candidates even if they don’t have an open position.
• The biggest issue with the proposed legislation: Samfiru questioned the ability to enforce the laws proposed by the provincial government. “Is there going to be adjudication? Who’s going to pay for that and is it even feasible?”
• Jobs that are not advertised: “Most jobs that are at a more senior level are being recruited through head-hunters,” Samfiru explained. Samfiru went on to discuss that there are not a lot of benefits for employers or employees.
• Limits to job searching abilities: Samfiru reiterated that there is likely no way to enforce these laws and that some aspects of this law appear overreaching. “I’m not sure that the government should be in the business of legislating courtesy.”
• Likely to be challenged by employers: “I can see that this legislation is not going to have much teeth or without real penalties,” said Samfiru. It is going to be a very difficult matter to practically enforce and is unlikely to cause real change.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Employment lawyer on job postings and salary ranges
• Employment contracts in Ontario