What is the test used to determine whether an employee is qualified for a job?
Ontario, Canada
The following excerpt is from Hamilton (City) v. Canadian Union of Public Employees, Local 5167, 2009 CanLII 39475 (ON LA):
40. Subject to the requirements of the collective agreement and reasonableness, an employer is free to determine its own selection process. It is not appropriate to scrutinize minutiae in that respect. However, the arbitral consensus is that it is generally inappropriate for an employer to rely solely on test scores or interview results, even in the absence of a collective agreement prohibition in that respect. An employer is obliged to consider all relevant factors, which obviously can include testing and interviews but should also include things like job performance and related experience. It is particularly dangerous for an employer to rely on a non-standardized test which does not use an objective grading scheme (see, for example, Re Hamilton Health Sciences v. Ontario Nurses' Assn. (2007) 164 L.A.C. (4th) 332 (J. Johnston)).
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