There are times when the appointment process encounters challenges, so it is important to understand rights of candidates and manage the issues.
After completing this section, you will have:
- information about candidate breach rights and the Employment Standard.
- an understanding of how to manage some common appointment issues.
Actions
Breach rights
- Read the Employment Standard and if the candidate believes the recruitment and selection process has not complied with the Standard, they can lodge a form that outlines their claim about how the merit, equity and/or transparency principle was not met. The resource below has information for individuals and agencies.
- Read the breach of standard claim process. The Public Sector Commission may be requested to review selection processes if a breach claim is lodged by a candidate. If a selection process is withdrawn, it is not available for review.
- The information in the selection report and other relevant documentation, such as shortlisting matrices and interview notes, are reviewable by your agency human resources team or the Public Sector Commission so it is important that they are retained in accordance with government recordkeeping policies.
Integrity checks
- Ensure integrity checks, such as, criminal history for different jobs link to the job requirements. It is important that the requirements are defendable to avoid a discrimination claim and a flow on effect with existing employees.
Withdrawing offers
- You can withdraw a job offer at any time before the person accepts the offer, however, there is a process to follow to ensure transparency and procedural fairness. Talk to your human resources team for advice.
- Contact the candidate as soon as practicable to explain the situation.
- Ensure your selection report is well documented with your decision-making evidence to withdraw an offer, as candidates can request access to the selection report and other documentation about the process.
- Once the offer has been accepted you are likely to need to honour the contract terms on termination of the contract. Talk to your human resources team or a legal advisor for advice.
