VIC Employer Demanding Immediate Commitment Post-interview - File Complaint Under Employment Law?

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Workyticket

Member
16 October 2018
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Hi all,

Putting this question here as I've not been able to find any solid answers elsewhere. Is there any legally-defined minimum time that employers need to give after an interview has been conducted with an applicant before rejecting the application?

To put this in context, my brother interviewed with an employer - who I'll call Employer 1 - last Thursday (Oct 11, so at the time of writing five days ago). He already had an interview booked somewhere else - Employer 2 - for Sunday (Oct 14). He advised Employer 1 of this in the interview, as they were offering him to do a trial at their business immediately (Note: Employer 1 made no indication as to the length of this trial, or of remuneration).

At this time it was agreed that he contact her on Monday with an update on the situation. Naturally, he had not heard back from Employer 2 yet as to whether his application was going ahead, and notified her by text. She responded by saying that she was holding interviews on Tuesday and Thursday as well.

However, she texted him again today to tell him that they had finalized three people for the role, noted that he seemed 'a bit hesitant' to commit and wished him luck. When he replied asking her to confirm whether his application had been rejected her (abridged) response was "We need someone to be 100% committed to this particular role and I need this role filled. Our applications are now closed'. So, that seems like yes, though to me the language still seems a little evasive.

I mean, we've all been in the position where we've needed to balance between two employers and see how things pan out and it sucks, but it seems like she was trying to rush the process and put him under a huge amount of pressure - not even to necessarily accept the job, but just to trial for it with no guarantees that it was even paid.

He's kept her informed as much as possible (In fact, he's still chasing up Employer 2 for an update on the results of the Sunday interview), but it feels like she's been extremely inconsistent in the information she's given on affairs at their end, and has rejected his application after three working days. And just to clarify, apart from the texts that've gone back and forth the last couple of days, no contracts or documents of any kind have as much as been shown.

So the question is, does he have grounds to file any kind of complaint if he wishes to under Employment Law? Is she covered legally to conduct things this way? Any suggestions would be gladly received.

Cheers.
 

Rod

Lawyer
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27 May 2014
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I can't see any illegal behaviour by employer 1. There is no obligation on employers to tell people they are unsuccessful.