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Recruitment.

Employment law applies to the whole process of recruitment, from advertising job vacancies to the moment the new employee starts work – and beyond.

In your recruitment process, you are not allowed to discriminate against a potential employee because of:

  • race or colour
  • sex or sexual orientation
  • age
  • physical or mental disability
  • marital status
  • family or carer’s responsibilities
  • pregnancy
  • religion or political opinion
  • national extraction or social origin

When it is time to advertise a job vacancy, it is important to use the right wording. Your ad should be a fair and accurate description of the job, including its title and status, reporting procedure, how to apply, location of the job, any travel requirements or sales targets and duties and responsibilities of the role. You might also include pay and benefits, skills, experience and qualifications, and a deadline for submitting applications.

Once you have advertised your role and you are assessing the candidates based on the skill sets you may consider conducting an interview, organising a skills assessment or talking to their references.

You must ensure that you do not ask the candidate to work an unpaid trial. You can ask them to demonstrate a particular skill (such as making a coffee or touch typing) but if you ask them to do productive work, you’ll need to pay them the minimum hourly rate for the job (including any penalty rates and loadings).

Discrimination can also be indirect, for example, the type of language you use. If you use youthful slang, or only advertise in places where younger people go, you could be accused of ageism. Always be very careful not to exclude any potential applicants by wording your ad badly. Even if you do not break the law, it could affect your reputation.

Employsure advisers can help you become experts in recruitment.

For peace of mind, please call our 24 hour Advice Line now on 1300 651 415.

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