At Duncan Investigations, we conduct pre-employment screening for employers and for applicants wishing to obtain third party independent evidence to verify information to ensure your experience is lasting one.

We only conduct inquiries that are specifically related to the requirements of the job. That is, we strive to balance the privacy interests with the applicant while conducting objective, accurate and fair investigations, for the employer so they can make informed business decisions.

Is this service Legal?

Yes, this is legal. They have the right to obtain all the information about an applicant relevant to the job description, and to use discretion and qualified information when selecting the most appropriate candidate based on their qualifications.

What is illegal?

The Human Rights Code which replaced the Human Rights Act prohibits unreasonable discrimination in the following inquires with respect to actual or perceived group characteristics such as: "ancestry, including color or perceived race, nationality or national origin, religion, creed, religious belief, religious association, religious activity, ethnic background, origin, age, sex, pregnancy, the possibility of pregnancy or circumstances relating to pregnancy, gender discrimination characteristics, sexual orientation, marital or family status, source of income, political belief, political association or political activity, physical or mental disability or related characteristics including reliance on a guide dog, or animal assistant, wheelchair or any other remedial appliance or device"

Therefore, investigations and interviews should be based on an individual's qualifications with respect to the position he/she will be filling.

Inquiring whether someone has a criminal record or the nature of their driving record is legal, providing that it is relating to the requirements of a job that he/she will be performing. It is discriminatory to ask if someone has been charged with a criminal offense, as technically you are innocent until proven guilty.

Does this service invade privacy?

No. Employers are only verifying information, qualifications and references on resumes, and each applicant is required to consent to the investigation, disclosure and release of information. The information gathered should be non-discriminatory, objective, and relative to the job. Opinions should never be expressed or implied in the investigation reports.

What do you investigate?

We will conduct a criminal record check in certain situations, providing it is relevant to the nature of the work. If you are operating a company vehicle, we will obtain a copy of the applicant's driving record with their consent. We will verify previous employment positions, education, and contact references.

What about other records?

At Duncan Investigations, we are extremely cautious in this regard about investigating records that are in breach of the Human Rights Code. We will not check on someone's credit file, unless it is reasonably assured that this information is vital to the position. Furthermore, written consent is required from the applicant to obtain a copy of the credit file. Employers must have this consent before they conduct any financial inquiries.

What about Public Records, do you need our consent for obtaining these types of records?

No, The Privacy Legislation will allow commercial organizations to collect, use and disclose certain personal information without consent. The Regulation is based on a recognition that some personal information is publicly available for a legitimate primary purpose. In these circumstances, it is reasonable to collect, use and disclose this information without the requirement to obtain consent from the individual. However, we will certainly weigh the merits of obtaining the information against the Human Rights Code as well. We will only collect information that is relevant to carry out the duties and responsibilities of the position.

What are our rights as employees about information that is collected within an organization?

According to the Privacy Commissioner, polices within each employer should clearly indicate what personal information it collects from employees, and what it does with the information. Most personal information collected from employees, normally requires the employees knowledge and written consent. Employers should only hold on to the information long enough to fulfill the purpose of obtaining the information, unless it has the employee's consent otherwise. It is very important that all information obtained is accurate and up to date, as employees have a right to challenge the validity of the information.

Do you check on references and is this legal?

Yes, if the references are supplied in the resume, we will contact them.

Do employees need to sign a waiver?

Yes, prior to conducting any investigation, we have prepared a waiver that an employee must read and sign.

Will pre-employment screening prevent workplace violence?

No. In fact, there have been numerous studies conducted which suggests that a "toxic" work environment creates violence in the workplace. This is something that we are studying right now, and will post our site shortly.

My employer has asked me for the dates that I graduated from high school in Manitoba. Is this legal?

A. No, it is illegal under the Human Rights Code in Manitoba, as this information could disclose your age. An employer can ask you which academic, professional, secondary, or technical schools you attended and the level of education you received.

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