Recruitment

As a bonus, it may also get a reputation as a fair employer which could help it attract the best employees and mean that it becomes the employer of choice.

In general, all jobs (including traineeships and apprenticeships) must be open to everyone on the basis of merit. In Victoria this means that age, career status, disability, industrial activity, lawful sexual activity, marital status, parental status, personal association, physical features, political belief or activity, pregnancy, race, religious belief or activity or sex must not bar a person from applying for or being properly considered for the job.

Recruitment is too often a subjective process

It is very easy for people to recruit on the basis of their personal views about what people from particular racial, age, gender, or other protected groups can or can’t do, rather than taking the time to get to know the individual concerned. It is also true that people tend to appoint those they feel most comfortable with, usually people much like themselves, for example, from a similar cultural background.

In both cases unlawful discrimination is likely to be happening, either intentionally or unintentionally. Such recruitment methods are also likely to narrow the field unnecessarily to the detriment of the organisation. The result is that the chances of employing the best person for the job are severely reduced. Instead:

• Develop comprehensive written recruitment procedures - If several people in the organisation are responsible for recruitment you should develop comprehensive written recruitment procedures which include centralised checking mechanisms at key points in the process.
  
  
• Train everyone involved in recruitment - Make sure that everyone involved in recruitment receives adequate skills training in recruitment procedures. Procedures and training need to reinforce the fact that there is to be no unlawful discrimination or harassment in the workplace.
  
  
• Only use a recruitment agency that agrees to he non-discriminatory - If you use a recruitment agency, make sure they agree to be non-discriminatory and that they understand what this means. If they break the law, you and your organisation could be legally liable as well as the agency.
  
  

What questions do you need to answer during the recruitment process to avoid industrial action later?

• What is the purpose of the job? What is done; how and why is it done?
  
  
• Is the job necessary? Does it fulfil its purposes? Does it need filling at all?
  
  
• Could the job be re-allocated to another employee?
  
  
• Can the organisation afford to train a new employee, for example, if it proves difficult to recruit one who closely matches the job specification?
  
  
• Can the temporary transfer of someone who is in training, in poor health or approaching retirement or redundancy, fill the job?
  
  
• Can the job description be amended to make the job more attractive to a wider range of applicants, for example, by introducing job rotation, job enlargement or flexible working hours?
  
  
• Are there "frozen headcounts" in place?
  
  
• Are there any agreements operating (award, enterprise) which dictate that the position must be filled by a particular person, for example, a trade union member?
  
  
• Is there an alternative such as overtime, outsourcing or job-sharing?
  
  

Development of an appropriate selection criteria can avoid industrial relations headaches later on

• List all the skills, abilities and the track record of successful experience necessary, not the personality type you want.
  
  
• Be as specific as possible while staying aware of indirect discrimination (e.g. setting an unreasonable requirement that appears neutral but disadvantages more people of one protected group than another) by:
  
  
  
  • Specifying experience required, not years worked (to avoid possible indirect age or indirect sex discrimination); and
    
    
  • Avoiding the need for formal tertiary qualifications unless they are essential (to avoid possible indirect race, age, or disability discrimination)
  
  
• Rank criteria in order of importance to help separate very good from good applicants.
  
  

Use referees and references carefully

A referee may over-praise someone they want to get rid of, or be overly critical of someone they want to keep! Referees may even be discriminatory.

• Check references when you've already formed your own opinion - after you have interviewed the applicant, for example.
  
  
• Ask referees how they think the person meets your selection criteria, particularly if you are checking references for several applicants. Doing so will make proper comparisons easier. Don't ask personal, personality, or irrelevant questions.

Author Credits