PUBLICATIONS | 06 March 2015

Recruitment - if you're not prepared to disclose it, don't write it down"

A recruitment process usually involves submitting a CV and completing an interview.  During the interview, the prospective employer will usually take notes about the job applicant and may have email discussions with human resource and operations managers.  On some occassions, psychometric testing may also be undertaken.  After the recruitment process has concluded, the successful application (or applicants) will receive an offer of employment and other applicants may be rejected.

The Human Rights Review Tribunal considered the extent to which information obtained during a recruitment process might have to be disclosed in the context of a claim for unlawful discrimination.  The case illustrates the extent to which an employer may have to disclose information obtained during the recruitment cycle.