Not offering role based on booked holiday

[Qld staff]

I work for a company with a common renewal of your product on 30 June each year.

Based on this, leave (except for emergency or personal) is not approved between april to July, based in business requirements.

We are very open with this at all points of recruitment.

We have a situation where a applicant was advised this multiple times, and they did not mention they had any issue with this.

We provided notification to the rcruiter of a pending offer, and they advised us the applicant actually had a 2 week holiday booked for 2 July.

We have decided not to offer the role based on this, as the perso has indicated they will not cancel their trip.

Is this going to leave us open to discrimination charges?

[Neb-Maat-Re]

It wouldn't leave you open to a discrimination claim, unless the trip was for religious reasons (or one of the other legislated reasons of age, gender, sexual orientation, parental status, etc).

You are offering them the job subject to them be prepared to work through July. It is the candidate who is not prepared to meet the conditions of the offer. This is no different to you offering them the job at $60k and the candidate wanting $75k.

[Job Media]

Originally Posted by Neb-Maat-Re

It wouldn't leave you open to a discrimination claim, unless the trip was for religious reasons (or one of the other legislated reasons of age, gender, sexual orientation, parental status, etc).

I don't see that the reason for the trip is relevant. It was made clear from the outset that they needed someone who was available during a certain time period. Now the applicant says that they won't be available. I can't see the applicant getting past first base with that one. If anything, the candidate should compensate the employer for wasting their time!!

[Neb-Maat-Re]

Originally Posted by Job Media

I don't see that the reason for the trip is relevant.

The question was whether the employer would be hit with a discrimination claim.

You can only be hit with a discrimination claim if you breach one of the legislated rights. For example, the candidate could not lodge a discrimination claim on the basis that they had already booked a family holiday, as this is not a right covered in the legislation.

In any discrimination claim, the alleged reason for the discrimination is extremely important.