From hiring to firing: a basic guide to the employment law life cycle in Australia
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 a number of legal issues that arise in the process of seeking, interviewing and selecting candidates for a position.
Employers are prohibited from discriminating against job applicants on the basis of an attribute (including sex, race, pregnancy, age, impairment, political belief or activity) 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.
Employers also need to be aware of the general protections provisions of Australia’s employment legislation, the Fair Work Act 2009 (Cth). These provisions, which are considered in further detail below, apply prior to employment commencing as well as during the course of employment…
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