The following article by Sergio Karas was published in the August 30th edition of Canadian Employment Law Today.
"Weighting experience in the foreign worker search"
Two recent cases highlight the difficulties that exist with the current Labour Market Impact Assessment (LMIA) process. The main question before the Federal Court in these cases was what kind of evidence regarding labour market conditions can be relied upon by a Temporary Foreign Worker Unit officer, and how it must be disclosed to an employer?
Generally, Canadian employers are only permitted to recruit foreign workers if they can’t find Canadian candidates to fill open positions. But how important is previous experience when it favours foreign workers over Canadian ones? Two recent decisions by the Federal Court addressed whether experience should be factored into LMIAs and came to different decisions.
To read the full Article click here
"Weighting experience in the foreign worker search"
Two recent cases highlight the difficulties that exist with the current Labour Market Impact Assessment (LMIA) process. The main question before the Federal Court in these cases was what kind of evidence regarding labour market conditions can be relied upon by a Temporary Foreign Worker Unit officer, and how it must be disclosed to an employer?
Generally, Canadian employers are only permitted to recruit foreign workers if they can’t find Canadian candidates to fill open positions. But how important is previous experience when it favours foreign workers over Canadian ones? Two recent decisions by the Federal Court addressed whether experience should be factored into LMIAs and came to different decisions.
To read the full Article click here
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