Ask any recruitment agency, and they will tell you that the most precious commodity is “the candidate.” But in reality, the truth is very different. Recruiters spend a considerable amount of time building relationships with organisations to drive business opportunities and very little time developing candidate relationships. In fact, only a small percentage of candidate relationships last longer than the one job vacancy they are being considered for.
Key takeouts
- You have rights as a candidate if you feel you have been misled
- Candidate-recruiter relationship tends to be transactional
- Consider approaching the RCSA or a legal professional (if warranted)
Case studies
1) Misleading Conduct: Hanrahan v A Labour Hire Company
Case Summary: This case involved a jobseeker suing a labour hire company after being misled about the stability of a job. He was promised long-term employment but was terminated shortly after starting. The court ruled in favor of the jobseeker, holding the agency responsible for misleading conduct.
2) Unlawful Discrimination: Dekker v Harold Leggatt Recruitment Agency
Case Summary: Dekker filed a lawsuit against a recruitment agency after being rejected for a job based on gender discrimination. The court found that the agency was complicit in unlawful discrimination, leading to compensation for Dekker.
3) Age Discrimination: Tribunal Case
Case Summary: A 58-year-old jobseeker successfully sued a recruitment agency for age discrimination after being repeatedly overlooked for positions. The tribunal ruled that the agency unlawfully considered age in their hiring process.
4) Breach of Contract: Smith v Recruitment Company
Case Summary: Smith sued a recruitment agency for breach of contract after the promised position fell through, resulting in the jobseeker resigning from his previous role in vain. The court awarded damages due to the agency’s assurances being unfulfilled.
5) Unfair Treatment and Discrimination:
Case Summary: A jobseeker took a recruitment agency to the Federal Circuit Court, alleging racial discrimination after being repeatedly overlooked for positions despite being qualified. The court heard that the agency had discriminatory hiring practices that disproportionately affected candidates of certain ethnic backgrounds.
Looking at the numbers:
There are over 8,380 Employment Placement & Recruitment Service businesses in Australia and tens of thousands of jobseekers flowing through their doors every week. For some jobseekers, the experience will be fantastic, for others, they will be left wanting.
But what can you do if you feel you have had a level of service that falls short? Well interestingly, whilst you may feel complaints can fall on deaf ears, there are various avenues open to you.
What to do if you have a complaint against a recruitment agency?
You have various avenues open to you. The first would be to seek some form of mediation process with the recruiter and their manager. Ensure that you document the complaint appropriately and put in a formal request with the agency in question.
Should this fail, you may want to consider contacting the Recruitment, Consulting & Staffing Association (RCSA) for Australia. The agency represents over 2000 members across Australia, so if you’re complaint is against an agency that is part of this membership, you will be in good hands. If the complaint is against a person or an organisation that is not part of this membership body, there will likely provide you with some free advice, but unlikely to be able to act any further.
If mediation fails or if the agency is not an RCSA member, consider seeking legal advice. Many law firms offer free consultations, particularly those specializing in employment law. You could also seek assistance from free legal advice centres or organisations like Fair Work Ombudsman if the issue involves employment rights
Your Resume Should Never Be Sent Without Your Approval
This has to be one of the most common problems in the recruitment market, i.e. where a candidate’s resume is sent out to jobs without their explicit consent. How does this happen? Firstly, given that many recruiters advertise jobs without the company name, it’s very easy to get caught up in confusion web. Engaging with the recruiter can sometimes be a very short and sweet phone call, without them revealing the company name. Because you have spoken with them about the role, they may automatically presume they have your acceptance for sending your CV. This can cause significant problems, as you have no control on where your resume is going, who is reading it, and whether your application is being doubled up by other recruiters.
- Always ask recruiters to tell you before they send your resume to any employer.
- No recruiter is able to send your resume or CV without your express permission.
- Recruiters must disclose where your CV is going i.e. the company name.
If an agency sends your resume without your consent, you can request a copy of their privacy policy and lodge a formal complaint. In Australia this is governed by the Privacy Act 1988 and the Office of the Australian Information Commissioner (OAIC) can investigate privacy breaches.
Recruitment Agencies Can’t Charge Candidates for Job Placement
The recruiter model is very simple, they charge employers a percentage or fixed fee for their services. In Australia, there no charge to the jobseeker. It’s also worth noting that you cannot offer an agency any financial reward for finding you work. If an agency tries to charge you for placement services, say no and report them to Fair Work Australia or the Australian Competition and Consumer Commission (ACCC).
Confidentiality breach
Recruiters are entrusted with your personal information including your resume, contact details and work history. Unfortunately there are instances where this information is not handled with the care it deserves and your privacy is compromised.
Whether through intentional misconduct or accidental mishandling a breach of confidentiality can have serious consequences for your personal and professional life.
What to Do:
- Always check a recruitment agency’s confidentiality policy before sharing any personal information. Make sure they are compliant with privacy laws such as the Privacy Act 1988 in Australia.
- If you suspect a breach contact the Office of the Australian Information Commissioner (OAIC) or similar authorities in your country.
Misrepresentation of Roles or Employers
Misrepresentation can come in many forms such as a recruiter exaggerating the benefits available, giving incorrect salary information, and not disclosing hidden information such as knowing a company or organisation is going through a financially poor period. Whilst sometimes it can be a genuine mistake, there may be unethical practices that can result in wasting your time, frustration, and even financial loss if you quit your current job based on the information you have been provided by the recruiter or employer.
What to Do:
- Ask for written job descriptions before attending any interviews.
- Research the company and role to verify what the recruiter is telling you.
- Do searches through forums to try and uncover employee feedback.
- Get written confirmation of salary being offered before accepting any commitment.
If you find the role has been misrepresented speak to the recruiter and express your concerns. If the situation is more serious, you may need to seek professional advice as well as legal advice
Blacklisting Candidates
“Blacklisting” is when recruiters avoid working with certain candidates often without a legitimate reason. This can happen if you decline a role, fail or don’t attend an interview, or you have been abrupt your feedback. Whilst Recruiters have the right to choose who they put forward for a job, there are also ethical issues at play here. Sadly, in some extreme cases candidates have reported being blacklisted from entire industries after having a negative experience with a particular agency making it hard to find work through recruitment channels.
What to Do:
- If you think you’ve been blacklisted contact the agency
- If you suspect it’s systemic or malicious contact the RCSA or ACCC.
Always keep your options open and work with multiple recruiters so you’re not too reliant on one. Whilst it always pays to be courteous, you should not accept harassment of any sort and people should respect your decision.
Poorly Presenting You as a Candidate to an Employer
recruiters will often create a shortlist of candidates and include summary notes on each person may have interviewed for the role. However, these endnotes are incorrect, you might well find yourself being rejected based on incorrect information. This not only harms harm your chances of getting the job but will lead to future misunderstandings about your skills or experience. This can cause significant problems if an employer is recording this information in their ATS (Applicant Tracking Systems).
What to Do:
- Ask to see the notes the recruiter has summarised about you
- If you feel the recruiter’s feedback is inaccurate work with them on changes.
- If you can, get feedback from the employer directly
Not disclosing information about the job
Recruiters are supposed to provide candidates with all the information about a role including salary, job location, responsibilities and work environment. However some recruiters may withhold crucial information such as a lower than expected salary or challenging working conditions to make the role sound more appealing.
- Get all the relevant information in writing
- Ask direct questions during your conversations with recruiters
If you accept a role and later find out the recruiter withheld critical information speak to both the recruiter and the employer to resolve the issue. If the issue has left you with financial distress, you will need to seek legal advice.
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Recruiters pushing candidates to take roles
Job seekers report feeling pressured by recruiters to take roles that are not right for them. This can happen if the recruiter is under pressure to meet their targets or if they are more focused on closing deals than making sure the role is suitable for you.
You have the right to make decisions about your career and personal circumstances without being pressured by recruiters.
What to Do:
- Politely but firmly decline any role that’s not right for you.
- Be clear about your reasons and what you’re looking for instead.
- Find a recruiter who listens to your preferences and career goals
- Avoid those who push you into roles without considering your input.
In Summary…
Working with recruiters can be a great way to find new roles but you need to know your rights so you’re treated fairly. Be proactive and informed and you can protect yourself from unethical practices and have a positive job search. If you ever feel a recruiter is not looking out for your best interests or breaching your rights don’t hesitate to seek help from lawyers or authorities. Your privacy, reputation and career is paramount and you have the power to make sure those are protected.
FAQs
What are my rights as a candidate if I feel misled by a recruiter?
You have the right to escalate the problem. You can initially reach out to the company and speak to a high level authority for mediation. You can also escalate Recruitment, Consulting & Staffing Association (RCSA) or seek legal advice.
Can a recruitment agency charge me?
No, recruitment agencies in Australia can’t charge candidates for job placement services.
What do I do if my resume is sent out without my consent?
Seek a copy of the agency’s privacy policy and make a formal complaint. This is a breach of your privacy rights under the Privacy Act 1988 in Australia.
How do I avoid misrepresentation of job roles by recruiters?
Ideally, ask for written details on the job description including elements such as salary and career prospects. If it’s not written down, then you are relying on verbal communication which is difficult to defend if a problem arises.
What do I do if I feel pressured to take a job I don’t want?
If you are feeling pressured, then tell them you are not happy with the dialect. You can always ask to speak to another consultant or speak to their manager.
What do I do if I suspect a breach of confidentiality of my personal information?
First, review the recruitment agency’s confidentiality policy. If you suspect a breach, contact the Office of the Australian Information Commissioner (OAIC) or the relevant authority in your area.
