I was wondering if you could provide advice on the following questions.
The scenario
A candidate applied for a highly paid contractor position within a NSW Government agency. Both reference checks were excellent (verified by the recruitment agency)
The candidate has reason to believe that the Hiring Manager contacted their former Director with an NSW Government agency for a reference check without the candidate's permission or knowledge.
It seems that the candidate's former director was the deciding factor in the candidate not being offered the position.
1. Is this approach legally acceptable? (What laws were broken if any)
2. What recourse does the candidate have? To seek verification decision making or to pursue remedial actions etc?
3.it seem that the former director (NSW Gov) and the hiring manager (NSW Gov) had a discussion over the phone (no records were taken) - what legal requirements are there to (a) keep records and (b) make them available to the candidate ?
4. What other contextual, legal and regulatory requirements may also need to be considered?
5. To what extent do NSw government officials need to capture the information relating to the choice of candidate (especially in relation to deciding factors)?
The candidate has emailed the hiring manager seeking clarification around the decision not hire due to references but had yet to receive a response.
Thank you
The scenario
A candidate applied for a highly paid contractor position within a NSW Government agency. Both reference checks were excellent (verified by the recruitment agency)
The candidate has reason to believe that the Hiring Manager contacted their former Director with an NSW Government agency for a reference check without the candidate's permission or knowledge.
It seems that the candidate's former director was the deciding factor in the candidate not being offered the position.
1. Is this approach legally acceptable? (What laws were broken if any)
2. What recourse does the candidate have? To seek verification decision making or to pursue remedial actions etc?
3.it seem that the former director (NSW Gov) and the hiring manager (NSW Gov) had a discussion over the phone (no records were taken) - what legal requirements are there to (a) keep records and (b) make them available to the candidate ?
4. What other contextual, legal and regulatory requirements may also need to be considered?
5. To what extent do NSw government officials need to capture the information relating to the choice of candidate (especially in relation to deciding factors)?
The candidate has emailed the hiring manager seeking clarification around the decision not hire due to references but had yet to receive a response.
Thank you