The paper 'Legislation Governing Working in Australia" is a good example of a management case study. In any organisation, human resources are the key ingredients for success. The employees within the organisation operate technology, provide the services and manage resources as well as other employees. Employees are the resources that are most unpredictable within an organisation and usually result in the largest ongoing cost (Rees & French, 2010). Though the recruitment and selection of staff is a costly exercise, it is essential to any business because it pays very well if it is done properly.
When an organisation has the right employees for the job, train them and also treat them in an appropriate manner, they not only increase productivity but also retain them. In such a situation, the initial and ongoing investment of the organisation is also in the employees and is also rewarded well. This is applicable in the entire spectrum of business activity. Due to such circumstances, recruitment and selection of the right employees become an issue of fundamental significance (Nankevis, Compton, & McCarthy, 1996). Recruitment and selection is a very crucial process in regard to employment law practice.
The department of human resources should ensure that the employees are fully trained and are aware of the correct procedures that need to be followed as well as the documentation to be produced. The recruitment and selection in any organisations need to be conducted within a legal, policy as well as organisational framework. This means that all procedures are required to be in compliance with the government policy, law and the policies and strategies of the organisation. Recruitment and selection involve a number of legal issues (DeCieri & Kramar, 2005). The report examines the legislation and legal issues that affect recruitment and selection.
These legal obligations are discussed under anti-discrimination, merit, equal employment opportunities (EEO), privacy, fair work act, working in Australia, and child-related employment. Merit Recruitment and selection require consideration of fair and equitable procedures. Such procedures require selection and recruitment on the basis of merit. Merit relates to the ability of the applicant’ s experience, skills, knowledge as well as qualification to perform certain duties and responsibility. For fairness, there is a need for policies that will put into consideration the ability, knowledge, experience, relevant professional or academic qualification among others (Gatewood, Gowan & Lautenschlager, 1993). Anti-discrimination Discrimination in recruitment and selection is an issue that requires to be put into consideration as it contributes to the failure of achievement of organisational goals.
An anti-discrimination law places an obligation in an organisation to ensure that the process does not discriminate in relation to various recognised attributes. These attributes include age, sex, transgender, physical impairment, and religion among others. Discrimination of such attributes is specifically prohibited in the place of work.
An organisation is committed to the provision of a working environment that supports its values. Stereotyped views and prejudices must not influence the way management is treating its employees. Any successful organisation condones any type of discrimination. Discrimination can be either direct or indirect. Direct discrimination occurs due to treatment of an employee in a different manner as a result of certain characteristics. On the other hand, indirect discrimination occurs when a similar requirement for everyone lead to unfair effect due to possession of specific attributes such as race or disability among others (Hunter, 1992).
Agocs, C., & Burr, C. (1996). Employment equity, affirmative action and managing diversity: assessing the differences, International Journal of Manpower, 17(4/5), 30-45
AUSTLII. (2006). Victorian Consolidated Acts: Child Employment Act 2003, Accessed on 19 September, 2012, http://www.austlii.edu.au/au/legis/vic/consol_act/cea2003180/
Australian Business layers (ABL). (2012). Equal Employment Opportunity (EEO) Summary. Accessed on 19 September, 2012, http://www.hradvance.com.au/Equal-Employment-Opportunity-Summary.asp
Australian government. (2010). Migration Act 1958, accessed on 19 September, 2012, http://www.comlaw.gov.au/Details/C2010C00738
Australian government. (2012). Office of the privacy commissioner, accessed on 19 September, 2012, http://www.privacy.gov.au/law
Australian Human Rights Commission. (2007). A guide to Australia's anti-discrimination laws, accessed on 19 September, 2012, http://www.hreoc.gov.au/info_for_employers/law/index.html
DeCieri, H., & Kramar, R. (2005). Human resource management in australiaa; strategy, people, performance (2nd ed), McGraw-Hill, Macquarie Park: NSW
Gatewood, R.D., Gowan, M.A, & Lautenschlager, G.J. (1993). Corporate image, recruitment image and initial job choice decisions, Academy of management Journal, 35(2), 414-427
Government of South Australia. (2012). Legal services commission of South Australia. Accessed on 19 September, 2012, http://www.lawhandbook.sa.gov.au/ch16s03s01.php
Hunter, R. (1992). Indirect discrimination in the workplace, Federation Press: Sydney.
Liff, S. (1999). Diversity and equal opportunities: room for a constructive compromise? Human Resource Management Journal, 9(1), 65-75
Nankevis, A.R., Compton, R. L, & McCathy, T. E. (1996). Strategic human resource management, (2nd ed.), Nelson: Melbourne
Rees, G., & French, R. (2010). Leading, Managing and Developing People (3rd ed), CIPD