Legislation Governing Working in Australia - Case Study Example

In any organisation, human resources are the key ingredients for success. The employees within the organisation operate technology, provide the services and manage resources as well as other employees. Employees are the resources that are most unpredictable within an organisation and usually result to the largest ongoing cost (Rees & French, 2010). Though the recruitment and selection of staff is a costly exercise, it is essential to any business because it pays very well if it is done properly. When an organisation has the right employees for the job, train them and also treat them in an appropriate manner, they not only increase productivity but also retain them. In such a situation, the initial and ongoing investment of the organisation is also in the employees and is also rewarded well. This is applicable in the entire spectrum of business activity. Due to such circumstances, recruitment and selection of the right employees becomes an issue of fundamental significance (Nankevis, Compton, & McCarthy, 1996). Recruitment and selection is a very crucial process in regard to employment law practice. The department of human resources should ensure that the employees are fully trained and are aware of the correct procedures that need to be followed as well as the documentation to be produced. The recruitment and selection in any organisations needs to be conducted within a legal, policy as well as organisational framework. This means that all procedures are required to be in compliance with the government policy, law and the policies and strategies of the organisation. Recruitment and selection involves a number of legal issues (DeCieri & Kramar, 2005). The report examines the legislation and legal issues that affect recruitment and selection. These legal obligations are discussed under anti-discrimination, merit, equal employment opportunities (EEO), privacy, fair work act, working in Australia, and child-related employment. Merit Recruitment and selection requires consideration of fair and equitable procedures. Such procedures require selection and recruitment on basis of merit. Merit relates to the ability of the applicant’s experience, skills, knowledge as well as qualification to perform certain duties and responsibility. For fairness, there is a need for policies that will put into consideration the ability, knowledge, experience, relevant professional or academic qualification among others (Gatewood, Gowan & Lautenschlager, 1993). Anti-discrimination Discrimination in recruitment and selection is an issue that require to be put into consideration as it contributes to the failure of achievement of organisational goals. An anti-discrimination law places an obligation in an organisation to ensure that the process does not discriminate in relation to various recognised attributes. These attributes include age, sex, transgender, physical impairment, and religion among others. Discrimination of such attributes is specifically prohibited in the place of work. An organisation is committed to provision of a working environment that supports it values. Stereotyped views and prejudices must not influence the way management is treating its employees. Any successful organisation condones any type of discrimination. Discrimination can be either direct or indirect. Direct discrimination occurs due to treatment of an employee in a different manner as a result of certain characteristics. On the other hand, indirect discrimination occur when a similar requirement for everyone lead to unfair effect due to possession of a specific attributes such as race or disability among others (Hunter, 1992). Anti-discriminatory laws are regulations that assist in protecting people from discrimination. Such laws include Age Discrimination Act 2004, Disability Discrimination Act 1992, Sex Discrimination Act 1984 as well as Racial Discrimination Act among others. To prevent discrimination, the policies and procedures of recruitment and selection must be examined (Australian Human Rights Commission, 2007). Equal employment opportunities (EEO) Legislation on EEO requires that the members are fairly treated and discrimination is eliminated. For success, an organisation must promote equality in regard to opportunity and employment. Legislation on EEO ensures that the decision of all employees is made solely on the grounds of merit in consideration of relevant skills as well as experience (Agos, Carol & Burr, 1996). EEO for women does not mean that women are offered more advantages than men, but it is aimed at ensuring that women are not disadvantaged in relation to men. Such Acts include the Equal Opportunity for Women in the place of work Act which promotes the idea that employment in regard with women needs to be dealt with on the grounds of merit. The act also promotes provision of equity in regard to the women as well as elimination of discrimination. Thus, to ensure that recruitment and selection are successful, an organisation must conform to the EEO Acts in order to ensure that the firm gets benefits while at the same time it commits to social justice (Liff, 1999). For an organisation to conform to these laws, it must put into consideration various factors during recruitment and selection. For instance, the organisation does not at any time make assumptions that it is only specific people that will be in a condition to perform certain types of work. The organisation will not specify some attributes such as age limits in order to prevent contravening any legislation. In order to allow a wide range of applicants, the company uses different media in its advertisements. There must be selection tests based on the requirements of the job as well as measure of the inherent ability of the person in order to prevent unjustifiable bias. The process of recruitment is also based on the questions that are related to the job requirement. The panel for making decisions during the process of recruitment and selection must have a better understanding of the principles and policies of EEO. It is essential for the management to have a clear understanding of the obligations of the employer under the law. This will ensure compliance. State and Federal laws of OEE provide that it is illegal to discriminate an individual in regard to certain grounds of discrimination that are prohibited. These also state that discrimination is also illegal in regard to the field of employment including recruitment and termination of employment. Based on EOE law, an employer is accountable for discrimination which happens in the place of work. This is referred to as vicarious liability. However, if an employer is able to demonstrate that the employer took the reasonable steps for prevention of discrimination occurring, then the employ may not be held responsible (ABL, 2012). Privacy Privacy law is the legislation responsible for regulating the privacy of the documents as well as other information related to documents. The law limits the use of, disclosure as well as access to personal information. Privacy will maintain the trust and confidence between the employee and the employer leading to an effective recruitment and selection as well as the potential for future success of the organisation. The following is the personal information that needs to be considered; information requested by forms of applications, access to the information contained in application form, and obtaining of references either from the current or previous employers. Other considerations include access to psychological results, information requested by the questionnaires on medical examination, and access to the information contained in medical examination reports. Thus, Privacy Act in recruitment and selection will assist in maintaining of opinion or information whether recorded in a material or not recorded, whether true or false, in regard to an individual whose identity can be ascertained in a reasonable manner from the information (Australia government, 2012). Fair work Act 2009 An employer is not allowed to take diverse action against an individual due to the workplace right of an individual, the exercise or lack of exercise of that right, the proposal of an individual to exercise as well as not exercising a workplace right in future. The Fair Work Act 2009 deals with various protections such as workplace rights, protection from discrimination, industrial rights, protection from unlawful termination as well as protection from Shum arrangements (Government of South Australia, 2012). Based on Fair Work Act 2009, an employee has the right to be furnished with reasons prior to dismissal from the job, have fair hearing in order to respond to such reasons, and unbiased process of decision making in order to allow the employee to respond before the final decision. In addition, Fair Work Act gives the employee the right to challenge the dismissal as well as seek redress which may include compensation or reinstatement. Cases due to unfair dismissal a harsh, unreasonable or unjust termination of employment while unlawful dismissal is as a result of termination due to reasons present in the breach of contract of employment. Thus, consideration of such legislation during recruitment and selection ensure that every party complies with relevant rules. This reduces costs for frequent recruitment due to dismissal as well as retaining of employees which is an indication of increasing productivity. Legislation governing working in Australia Legislation on working in Australia is based on migration Act for non-citizens where it allows one enter, being present, working and departing or deportation from Australia. Thus, legislation governing working in Australia affects recruitment and selection. This is because recruitment of a non-citizen without the necessary documents will jeopardize the success of the organisation through more costs in court cases. Such regulations would not affect the process of recruitment if the applicants are Australians or from New Zealand. However, such registrations affect process based on non-citizens who may be working without work rights (Australian government, 2010). Cases of such offenses will expose the senior management to imprisonment which is a drawback to the achievement of the organisation. Thus, adhering to policies which ensure that non-citizen employees are checked for compliance is very essential for the success of the organisation. Child-related employment Another legislation that can affect the success of an organisation during the process of recruitment and selection is the issues related to child labour. Legislation related to children in the place of work are important in providing information about the age allowed to work, the duration of working per day as well as the type of job that one can do. For instance, the age of children in Australia that are allowed to work is above 15 in most territories and 16 in some territories such as Tasmania. Based on the Victorian Child employment Act 2003, allows children less than 15 years to be employed in a family business without a permit. In addition, it is not just any type of business since they can only perform light work which does not harm the health of the child, children moral or safety and material development. This is done in a way that the work will not prevent the child to attend school. There are also other works that are prohibited which include building and construction industry and door to door sales. The legislation also limits the working hours in relation to the period such as during holiday and school term (AUSTLII (2006). Thus, failure to consider such legislation during recruitment and selection will jeopardize the success of the organisation due to offences associated with child employment. Conclusion Employees are the resources that are most crucial and unpredictable within an organisation and they usually result the largest ongoing cost. Though the recruitment and selection of staff is a costly exercise, it is essential to any business because it pays very when it is done properly. In any organisations this process needs to be conducted within a legal, policy as well as organisational framework. Thus, all procedures are required to be in compliance with the government policy, law and the policies and strategies of the organisation Legislation and legal issues that affect recruitment and selection can be discussed under merit, anti-discrimination, equal employment opportunities (EEO), privacy, fair work act, working in Australia, and child-related employment. The effect of these legal issues and legislation in the recruitment and selection are very significant. This is because failure to comply with them will lead to failure of the organisation at the initial activities of human resource. Since the success of the organisation depends on the human resource, incompetent personnel will lead to frequent recruitment processes, increase in costs, and reduction in productivity as well as profitability. Thus, it is important o identify the legislations and legal issues affecting recruitment and selection in order to prevent losses through compliance. References Agocs, C., & Burr, C. (1996). Employment equity, affirmative action and managing diversity: assessing the differences, International Journal of Manpower, 17(4/5), 30-45 AUSTLII. (2006). Victorian Consolidated Acts: Child Employment Act 2003, Accessed on 19 September, 2012, http://www.austlii.edu.au/au/legis/vic/consol_act/cea2003180/ Australian Business layers (ABL). (2012). Equal Employment Opportunity (EEO) Summary. Accessed on 19 September, 2012, http://www.hradvance.com.au/Equal-Employment-Opportunity-Summary.asp Australian government. (2010). Migration Act 1958, accessed on 19 September, 2012, http://www.comlaw.gov.au/Details/C2010C00738 Australian government. (2012). Office of the privacy commissioner, accessed on 19 September, 2012, http://www.privacy.gov.au/law Australian Human Rights Commission. (2007). A guide to Australia's anti-discrimination laws, accessed on 19 September, 2012, http://www.hreoc.gov.au/info_for_employers/law/index.html DeCieri, H., & Kramar, R. (2005). Human resource management in australiaa; strategy, people, performance (2nd ed), McGraw-Hill, Macquarie Park: NSW Gatewood, R.D., Gowan, M.A, & Lautenschlager, G.J. (1993). Corporate image, recruitment image and initial job choice decisions, Academy of management Journal, 35(2), 414-427 Government of South Australia. (2012). Legal services commission of South Australia. Accessed on 19 September, 2012, http://www.lawhandbook.sa.gov.au/ch16s03s01.php Hunter, R. (1992). Indirect discrimination in the workplace, Federation Press: Sydney. Liff, S. (1999). Diversity and equal opportunities: room for a constructive compromise? Human Resource Management Journal, 9(1), 65-75 Nankevis, A.R., Compton, R. L, & McCathy, T. E. (1996). Strategic human resource management, (2nd ed.), Nelson: Melbourne Rees, G., & French, R. (2010). Leading, Managing and Developing People (3rd ed), CIPD Read More