Recruitment and employment

Employing new staff is something every business will do at least once and it is important to get the process right the first time to ensure the right candidate is hired for the job. 

The role on offer

The role that you are seeking to fill will ultimately determine the type of candidate you are looking for. Before going to market you need to be sure of exactly what you need from the new employee, this includes skills and qualifications as well as any specific behaviour you are looking for. Be aware of those characteristics you require and be clear in your advertising in order to encourage applicants who could realistically complete the job duties. The best way to ensure you are aware of the type of candidate you are looking for is to develop a job description for the position, including duties, qualifications, years of experience, expected hours and days of work the remuneration that the employee will be paid.

Back to top

The policy

For some businesses it may be appropriate to have a recruitment and selection policy to provide management with some guidance and assistance in determining the right candidate for the job. A good recruitment policy will consider the following amongst other things:

• What is your business policy on equal opportunity and anti-discrimination?
• Will you look to both internal and external candidates?
• What level of employee are you targeting and how will this affect the manner of recruitment?
• How will you source a candidate?
• What is the recruitment and budget approval process to fill a vacancy?
• How will the interviewing process be undertaken?
• Who has the final say in what candidate will be engaged?

Back to top

The interview and selecting the right candidate

The interview is an important step in selecting the right candidate, and it serves two primary purposes. The first is to get information about the candidates that may be used to validly assess which candidate will perform best in the job. The second is to provide the candidate with information about the role and the business so that they can make an informed choice about whether the job is right for them. The interview is the best way to get to know the potential candidates applying for the position and will assist to provide a shortlist of preferred candidates suited for the role.

In selecting the right person for the position, a business aims to gather as much evidence as possible that provides an honest account of the candidate’s qualifications, experience and suitability for the role.

Many employers are wary of asking personal questions in the interview. As a general rule, employers should avoid asking intrusive questions that are discriminatory in nature including: age, marital status, sexuality, race, gender, religion or political conviction, pregnancy, family/caring responsibilities, and physical or mental disability.

It is important for employers to understand that discrimination laws differ between states and federal jurisdictions. However these laws can impact strongly when it comes to information disclosed or discussed by the candidate – especially if relied upon to reject a candidate – and may represent unlawful discriminatory conduct and breach anti-discriminatory laws.

It may be more reasonable to ask a candidate a personal question only where the inherent requirements of the job offered are significantly affected. For example, if a position involves risk or restrictions the employer needs to ask specific questions in regards to the applicant’s ability or health. Questions specific to an employee’s age may be justified in understanding specific transitional and pay rates that are affected by the age of the employee (ie junior employees) as prescribed under a relevant award or agreement.

Employers can ask candidates specific questions that verify the information provided in the candidate's resume or application. Some questions may require the candidate to provide detailed examples of when they have shown skills and behaviours that match the selection criteria of the position. Leading and general questions asked in an interview will not achieve meaningful information about whether the candidate is right for the position. Open-ended or scenario-based questions that provoke discussions where a candidate can demonstrate their capability, professional experience and achievements may be more useful in providing the evidence and confidence you need to assess whether the candidate is the right person for the job. Some examples of scenario based questions include:

• What was one of the most difficult situations you have experienced at work and how did you deal with it?
• Can you describe a time when you have had to deal with a disgruntled client? How did you handle the situation? What was the impact on the client and yourself?
• Give an example of when you have gone beyond the normal requirements to get the job done, how did this affect other staff?
• Is there anything you need to tell us that may inhibit the carrying out of the proposed duties as described to you?

Back to top

Reference (pre-employment) checks

Reference checks are an important part of any recruitment process as they are a way of gauging how a candidate has behaved in the past in a professional setting.

Once you have narrowed the field of candidates for the role, it is best practice to request they provide at least two professional references who you can contact to discuss the candidates previous work performance. Your candidates should be notified and consent obtained allowing you to contact their referees. Reference checking questions put to a referee should be genuinely related to the candidate’s ability and qualification to perform the role at hand and are not of a discriminatory nature. It is also telling to ask the previous employer if they would re-employ the person again, if not, why not? However, an employer providing information on a former employee should be mindful they have a common law duty of care not to provide defamatory statements or negligent falsification. Ex-employees may have access to sue if proven they have suffered a loss as a result of a breach of such duty, or as a direct consequence of statements made by an ex-employer to a potential employer. Employers can exercise caution to simply provide a statement of service that confirms the ex-employees position, tasks and dates of service.

Back to top

Offering the role

Once you have considered all the issues discussed above, it is time to choose a candidate and offer them employment. It is also recommended that you choose a back-up candidate as some situations prove the preferred candidate may have already accepted other employment or may, for other reasons, choose to reject your offer of employment. It is best to provide the chosen candidate with an employment contract or letter of offer which sets out the terms and conditions of employment that include a job description, hours of work, remuneration, type of employment etc.

Back to top

Further resources

The Institute's HR Hub has both employment agreements and letter of offer templates available. Further resources are also available regarding the interview process. See details below: