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Recruitment Process Change

Published 18 May 2012

Candidate to Employee Procedure (Instructions) 


While the Employment Relations Act of 2000 refers to the rights and entitlements of ‘employees’ and ‘prospective employees’ we believe recent case law now clearly provides the following entitlements to candidates and employees.

Due to recent case law, employers are advised to put themselves in a position where they can prove they have met the obligations listed below.

The Law

Employers are under an obligation to at least do the following regarding a job offer.

Employers must provide the candidate with a copy of the intended employment agreement and any part of the intended agreement under discussion.

Employers must advise the candidate they are entitled to seek independent advice about the intended employment agreement or any part of the intended agreement under discussion.

Employers must provide the candidate with a reasonable opportunity to seek that advice and the time to seek independent advice.

Employers must consider any issues that the candidate raises and respond to them and keep the offer on the table for a reasonable time and at least until the response has been given.

Employers have the right to refuse to change any term or condition but they must give requests consideration and employers must respond to those requests.  Employers need to ensure they have allowed reasonable time for an employee to raise issues or questions before withdrawing an offer.

While the above obligations have been in place since 2nd October 2000 (ERA) these are now being applied by the courts because of dismissals under the 90 Day Trial Period.