Recruitment

A BRIEF OVERVIEW OF RECRUITMENT FOR EMPLOYERS

Advertising a vacancy - When advertising a job, its important that the requirements are in no way discriminatory. Employer's should be careful with terminology that could gender a role or seek a certain attribute that could be considered discriminatory based on identity or other protected factors. 
Hiring the right person - The best hires happen when you take your time to find the best candidate so we recommend trying to be as proactive as possible in deciding when to recruit and taking your time over the process. Sometimes this isn't possible but we still recommend that you don't hire just for the sake of it, particularly if you are an employer in a small business.  Much like panic-buying, you may end up with something you do not want and then need to work within the boundaries of employment law to rectify this. Avoid this by not making a decision until you have interviewed all short-listed candidates. 
 
Offering a job - If you have found the employee you would like to offer a job to we recommend that you reference check first. If you do not, any job offer should include satisfactory reference checks as a condition of employment. This is not the preferred process however, as it can make for some awkward conversations at least as references are subjective. Psychometric or drug testing are based on parameters that are objective so it is easier to justify rescinding a job offer based on these. This would still need to be a condition noted in the job offer. If you are not sure about this, we recommend seeking workplace support from employment relations specialists.
Reference checking - Reference checking is an important part of the recruitment process. However you should take care do so with proper process. This should include seeking specific permission to contact references prior to any contact being made, ensuring that any information sought does not breach the Privacy Act by unreasonably intruding on a potential employee's personal affairs or breach the Human Rights Act by using health screening to discriminate against the applicants. 
 
 

Can I change my mind after hiring someone?

If you have offered employment and they have accepted, they are now 'an employee expecting to work'. This means that unless there are conditions in the offer of employment, such as a police check or drug test, you may not be able to just change your mind. We'd recommend seeking advice.

What's the difference between an employee and a contractor and do they need a contract?

An employee works for you, a contractor is in business for themselves. While contracting agreements do not need to be in writing, doing so ensures that both contracting parties knows where they stand. 

Do all employees need a contract or just full timers?

All employees should be given a contract, prior to starting work. This ensures that they understand their obligations to you and yours to them prior to accepting employment. Failure to provide a contract could be considered a breach and could result in miscommunications which place stress on the employment relationship. 

Is everyone automatically on a 90 day trial?

No. They need to agree to it, so it must be in their offer letter and their contract. 

How do I know if I'm hiring a casual employee?

A casual employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment. They can decline any shifts offered. 

How do I know what to put in a contract?

There are certain clauses that must be addressed in a contract, such as their terms of employment, domestic violence leave, the grievance process and so on. You can find them in the Employment Relations Act. We recommend you use a template or example provided by an employment expert.