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View Full Version : Is rejection of a candidate due to LSL discriminatory?



Sonya P
04-09-2012, 10:58 AM
Hi HR Buzzers,
I'm hoping you can help me answer a question.

My partner is interviewing candidates for a key customer facing relationship management position and he is aware that one of the internal candidates is taking long service leave next year and will be away for several months.

He was wondering if he could discount this candidate on that basis, given that this is a customer facing role and he believes that staffing consistency is very important. Basically he doesn't want someone joining the team whom he knows will then disappear for several months just when they have come up to speed. He would have to hire a temporary replacement and is concerned that this will not go down well with the customers.

He is still waiting for an answer from his own HR dept.

My view is that consistent staffing in this particular role is an operational need of the business and so warrants rejection of the person who is taking extended leave next year. However I would welcome the views of other experienced HR experts :)

Qld IR Consultant
04-09-2012, 01:12 PM
Short answer is yes. Although I agree with the issue that consistency is key, the employee would need to be allowed run through the process and be deemed unacceptable in terms of competency, not that LSL is being taken......The reach of the Adverse Action provisions is yet to be determined.....don't be the first test case to see how far it can be taken.....

Sonya P
04-09-2012, 04:02 PM
Short answer is yes.

He won't like that, but thanks :)

It's a bit ironic that if it were an external applicant, their availability could be taken into account without it being discriminatory.