Denied position

[Burger]

I recently was refused a position in industry after all interviews, tests, medicals and an onsite underground view (to make sure I don't freak out underground) had been done.
I was told at this stage I basically had the job and was just waiting for a start date. Then after 2 weeks I receive a basic letter saying I had been unsuccessful, to which I was shattered to say the least.
I decided to ring the HR rep I was dealing with to ask what happened and she informed me she received an unfavorable reference.
Since then I have found out only 1 of my referees were rang up and he did not give any negative feedback (which I 100% believe), and I have a 99% inkling she has used a third party source of a person who works at the company already who I had a run in with over 8 years ago at a previous employer and obviously still has a grudge against me.
Questions are-
1) Is this legal?
2) What can or should I do? (as these position are very hard to come by)
3) can I request to see the unfavorable report.
4) any info at all please.

[Moz]

Where are you (which State) and where is the employer?

Originally Posted by Burger

Questions are-
1) Is this legal?
2) What can or should I do? (as these position are very hard to come by)
3) can I request to see the unfavorable report.
4) any info at all please.

I'm no expert, but I would bet that the legality of what the employer had done is very questionable, in terms of discrimination and breach of your privacy, but this may depend on which State the employer is in (I believe privacy laws are State based).

If the company has sought personal information about you from a source other than referees you have nominated, then you are unable to refute or correct that information.

I believe you can request to see a copy of the unfavourable report, or a transcript if it was all verbal. Even if it was verbal it is reasonable to presume the HR department will have written notes. Unfortunately they may have quite a bit of time to comply.

Unfortunately it is hard to find any clear legal guidelines on this, but you could contact the Australian Human Rights Commission and if they can't help you directly they may be able to point you in the right direction.

The other option if to consult a lawyer who specialises in employment law. It is quite likely that they would have an initial discussion with you free of charge.

Start by making copious notes of exactly what was said and by whom and on what date in your discussions with the employer.

I would be keen to hear how you get on with this.

[Burger]

It's in the mining industry in NSW

[Qld IR Consultant]

Your first question should be that if the company and its representatives act like that do you really want to work there.

[Burger]

Answer, yes. It's hard enough to get a start as it is. At least to get some experience and then I'll be right.

[Moz]

While my gut feeling is that what the company has done is basically illegal in today's employment legal landscape, I can't point to any specific legal precedent on this, and I believe you need to know for sure where you stand legally before you take action.

That means talking to a lawyer who specialises in employment law, or getting advice from a Government dept. You could try the FWA

For what it's worth, about fifteen years ago I was caught in the crossfire when a very similar thing happened with a candidate whom I had referred to one of my clients as a recruiter. The hiring manager did an "illegal" ref check. I don't think it ever got as far as a mediation meeting with the industrial relations commission at the time, because the client (the employer) knew they were going to lose. They ended up paying the candidate compensation, but there was some much bad blood between the two parties that he couldn't realistically go and work for the company. Needless to say, as a result HR policies were reviewed and amended and hiring managers were trained in recruitment processes!

This is the problem you may face here. You may win the battle but lose the war so to speak - meaning you may not necessarily end up working for the company at the end of it. On the other hand, you may be able to resolve the issue amicably and end up getting the job after all. A great deal probably hinges upon how you take the company to task over what has happened.

Either way, I don't think you should just walk away, but that's easy for me to say

[Burger]

Thanks for the reply Moz.
After talking with my family & friends, I will try and fight this as a NO I have already got and i really have nothing to lose, as if it is on their records then I'll probably never get a job there at anytime.
I will start out as polite and civil as possible and ask for notes and an explanation and work from there.
Once again I believe I have nothing to lose

[Qld IR Consultant]

Burger, although it is wrong, and you may feel as though you need to fight it, I can't help but tell you that you are setting yourself up for gaining nothing but stress. As with my previous post, if they behave that unethically then why would you want to work there. Starting a career is difficult, and someone has already poisoned your name with the company so all you would be doing is feeding the lie in the eyes of the employer. My sound, practical advice would be to dismiss it and concentrate your efforts on finding a job with a company that behaves more ethically.

In saying this, if you proceed I wish you all the success and hope you achieve the outcome that you want. I am sure anyone here would be happy to assist with anything if you need it.

Good luck.

[The Y-man]

Originally Posted by Burger

Since then I have found out only 1 of my referees were rang up ....

Are you sure about this? If they gave an unfavorable rap, it may be easier to deny providing the info....

The Y-man