From hiring to firing: a basic guide to the Australian employment law life cycle

For many employers, the key to having a productive and high-performing workforce is recruiting the right people. It is important for employers to be aware that, even before an employee commences work, there are numerous legal issues that arise in the process of seeking, interviewing and selecting candidates for a position.

Employers are prohibited from discriminating on the basis of an attribute (including sex, race, pregnancy, age, impairment, political belief or activity) against job applicants in determining who should be offered employment. The protected attributes from state to state depend on the state’s legislation. When short listing or selecting candidates, employers should ensure that any decision is based on consistent selection criteria, which are not discriminatory.

Employers also must not discriminate against a person in the terms upon which employment is offered to them or by refusing or deliberately omitting to offer employment to a person…

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