By Andrew Hobbs - Employment Law Handbook, Friday 1 December, 2017
WE’VE all been on the answering end of a job interview, but when it is our responsibility to hire a new employee, it can be a real challenge to find the right person for the role and the business. Below we list some of the points you should keep an eye on when preparing to hire a new worker, either to replace a person who has left or because of an increase in business. It might take a long time Recruiting often takes longer than you think it will. It usually takes between 45 and 50 working hours to fill an average position, and about 70 hours to hire someone in middle management – assuming the relevant hiring managers are available to interview and not out of town or simply too busy. How do you want to source the talent? Advertising on job boards like Seek or MyCareer can often deliver hundreds of resumes, so be prepared to devote the time to reading all the resumes you will receive. If you prefer not to advertise, you can always approach people directly or via LinkedIn. LinkedIn tends to be a great resource for senior roles, but proves less effective for more junior roles. This is because for a junior role, it is better to consider a large number of resumes, but to find the right person for a senior position, networking is likely to be much more effective. When using social media to assess an applicant’s suitability, be sure the information you obtain has direct relevance to the job requirements – such as cultural fit, discretion, maturity and ability to spell correctly. Do not breach discrimination laws or privacy laws in any conclusions you draw from accessing an applicant’s social media accounts. Be clear about what you want To hire effectively you will need a position description drawn from a job analysis – by interviewing the current employee and their peers, conducting focus groups of informed people or documenting the activities of another person doing that job. A good position description will outline the tasks and responsibilities you expect to be met and the competencies and behaviours you want the person to demonstrate. Many organisations focus on one or the other, rather than both. This means they tend to hire people who fit in well at the company, but can’t do the job, or people who can do the job, but don’t fit in. Be clear about what you will offer them In order to attract the best possible candidate, you need to be clear about what you can offer them – in terms of training, salary, location, hours, parking and any other terms. You need to be able to deliver anything you promise during the recruitment process, unless you are making a statement about a future matter – in which case you must have reasonable grounds for making the statement. If you do not do this, you could be liable for misrepresentation and are likely to find yourself managing a very unhappy and unproductive employee. Use the right interview techniques The best interviews are relaxed and informal with a core of questions that are asked of every candidate to allow objective comparisons to be made. If you are going to conduct one interview, make sure you include both technical and behavioural-based interview questions. If you decide to hold two interviews, ensure the second interview builds on the first or delves into areas not covered in the first interview. Remember that it is unlawful to ask an applicant of a particular group – that is, age, sex or race – questions that you would not ask of a different group, unless it relates to the inherent requirements of the role or concerns a health and safety matter. Check their referees Once you have decided on your shortlist, ask for a minimum of two referees from each candidate. Ensure the people you are taking a reference from directly managed the candidate, and try to ask them questions relating specifically to the needs of the job once you have confirmed the previously stated facts. If you have any niggling doubts about any aspect of the person’s ability to perform in the role, explore these with the referee. Many things to consider The process of recruiting a worker may differ depending on the role you are trying to fill – a permanent role or a casual one, a contractor, officer or company director? Even writing a job advertisement can be challenging, let alone knowing what to ask of both applicants and their referees. Go to our friends at the Employment Law Practical Handbook which covers these topics and more, including a checklist of what to consider if an employee has a criminal record, the role of post-employment restraints and template job analyses, position descriptions and letters for unsuccessful applicants.
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How to avoid discrimination during the interview process: ✔ Select applicants for interview based on skills, abilities, qualifications and experience relevant to the role. Be consistent. ✔ Prepare interview questions that are consistent for each applicant and that do not imply discriminatory decision-making. Set aside any assumptions regarding sex, age, race, etc. Keep a record of questions and answers. ✔ Determine and assess pre-employment tests such as medical, competency or psychometric tests according to the role requirements. Check tests for any bias or indirect discrimination. ✔ Only contact referees specified and authorised by the candidate, and only ask the referred questions that relate to the selection criteria. Ensure that the information provided is recorded in a consistent way. ✔ Select the successful candidate on the basis that that they best meet the key criteria (i.e. are the best person) for the job. Record the reasons for your decision. ✔ Provide constructive feedback to unsuccessful candidates. ✔ Offer similar terms and conditions for candidates of similar qualifications and experience who are undertaking the same role. The Chamber of Commerce and Industry Queensland warns business confidence in the state will be impacted after new industrial relations legislation came into effect on January 1. CCIQ General Manager Advocacy Nick Behrens said the new legislation, introduced in the dying days of the former Gillard Government, had added to the compliance and cost burden in relation to workplace bullying, apprenticeships and superannuation. “This legislation came in to effect on January 1 and the sooner the Federal Government acts to repeal it, the better,” Mr Behrens said. “We would like to see the Government use the first Parliamentary sittings of the year to act on this legislation and offer a much-needed reprieve to the business community, which is already battling increased energy costs. “Just when businesses feel they are turning the corner and things are picking up, they are hit with more costs and compliance obligations.” Mr Behrens said new workplace bullying legislation meant the Fair Work Commission was now involved in resolving bullying matters despite existing safeguards already covering those cases. Employers can also be fined if they fail to stem the bullying against a complainant when a Stop Bullying Order had been issued by the Commission. Increases in apprentice wages from January 1 would also have a significant impact on Queensland businesses, Mr Behrens said, sparking fears the changes would deter many from employing apprentices. “Apprentices have just received a five per cent increase from January 1, while employers now must also pay them for time they spend at work-related training and are not physically working in the business,” he said. “That is a significant increase in costs for business owners and will certainly make many of them think twice before pursuing that employment avenue in the future. “There have also been changes made to union right of entry laws, which grant unions representatives entry to lunch rooms and force employers to make arrangements for them to travel to remote work sites. “These changes affect every business across the state in some way and they cannot afford to keep incurring additional business costs and being tied down with red tape. “We are seeing some positive signs in the economy and business confidence has been on the up in Queensland, but changes like these dampen that confidence quickly.” Joanna Weekes Editor Health & Safety Bulletin Health and safety legislation in every jurisdiction imposes a general duty on you as an employer to protect the health, safety and welfare of your workers, this includes doing everything reasonably practicable to prevent or reduce the risk of discrimination in your workplace. You must have steps in place to monitor, manage and report on the prevention of discrimination in your workplace – including during the recruitment process. Discrimination during the recruitment process Recruiting and selecting the most appropriate person for a job is a complex task which requires trained staff who are aware of anti-discrimination laws and guidelines. Discrimination is treating a person less favourably than another person or group in the same circumstances. There are many ways that an employee or job candidate can be subject to unlawful discrimination, including being treated unfairly due to the following protected attributes:
How can discrimination during recruitment occur and how can you reduce it? Discrimination during the recruitment process occurs mainly during job advertising and the interview process. Write job advertisements which do not state, or even imply, that the job is restricted to people on the basis of a personal attribute. Avoid language relating to specific attributes, e.g. age or gender. During the interview process, you cannot request information from a candidate if:
Remember, using recruitment agencies does not remove your responsibility during the recruitment process. Make it clear in the brief you provide to the recruitment agency that it must comply with equal opportunity practices and use selection methods that are non-discriminatory to meet the needs of your business. Sometimes pre-employment tests are used to assess candidates. You must ensure that these test scores, e.g. literacy, numeracy, medical and psychometric testing scores, relate specifically to the job criteria and performance required for the role the candidate is applying for. Please note, the information provided here is not all you need to know about discrimination in the workplace and how to manage it. It is a complex subject and one which employers and human resource managers need to be familiar with. |