Get familiar with employment law
Legally, there are things you can and can’t do or say when you’re hiring staff.
You can’t hire, or choose not to hire, someone just because of their:
- age
- sex
- race, colour or ethnicity
- religious or ethical beliefs
- sexual orientation
- disability
- marital status
- family status
- political opinions.
This is discrimination and it’s illegal.
You can only ask an applicant to give you personal information in an application or interview if:
- it’s relevant to the job
- you need that information to make a hiring decision.
Write a job description
You don’t legally have to write a job description for a new position, but it’ll help when it comes to writing an employment agreement.
A good job description should cover:
- your business – what you do and where you’re going
- the purpose of the position
- the job title
- wage or salary range
- the tasks and responsibilities associated with the role
- who the new employee will report to, and anyone who reports to them
- hours of work
- any minimum qualifications
- ideal skills and experience
- how you’ll measure their performance – for example, yearly reviews or bonuses.
You can also include things like:
- key people or networks they’ll need to work with
- language or cultural knowledge
- fitness or physical requirements
- anything else they’d need to do the job, like a driver licence.
Illegal job ad
Kapil is the editor of a culture magazine aimed at young Indian-New Zealanders. He wants to hire an Auckland sales manager and writes in the job ad that he wants someone young and of Indian heritage.
Kapil sends it to a recruitment consultant, who says it needs to be rewritten – it’s illegal to advertise a job that discriminates by age or ethnicity.
The recruiter points Kapil to the Human Rights Commission’s pre-employment guidelines to rewrite his job ad. Had it been published without change, both Kapil and the recruiter could be liable for breaching the Human Rights Act and Employment Relations Act.
Advertise the position
You don’t necessarily have to advertise, but you do have to be careful about what you say if you do.
A job ad must be accurate and non-discriminatory. That means you can’t use language that could be interpreted as seeking someone of a particular age, gender or race.
You should include:
- any minimum qualifications, experience or requirements to do the job, like a driver licence
- whether it’s a full-time, part-time, permanent, fixed-term or casual position
- any benefits like flexible hours, extra KiwiSaver payments or bonuses
- the things that make your company a great place to work
- how to apply.
You can’t state requirements for the role that would lead to discrimination, including anything related to a person’s:
- physical appearance, like hair colour or skin colour
- gender
- race
- religion
- age.
You can include an application form. Ask for a cover letter as well as a CV to get extra information about how responsibilities in previous roles relate to the job you’re looking to fill.
Where to place the ad
You have lots of options when it comes to where to advertise. Think about where the type of person you want to recruit is likely to look.
Sometimes targeting a niche website or publication can be more effective, and cheaper, than advertising on many, wider websites.
You can:
- use a recruitment agency – it’s expensive up front, but can save you lots of time and effort
- target advertising to industry journals, magazines and websites
- advertise on websites like Seek, TradeMe Jobs or MyJobSpace
- contact an Industry Training Organisation (ITO) or training establishment that deals with workers in your industry.
Tips for running a successful interview
Transcript
Video transcript: Tips for running a successful interview
[Audio/visual: Upbeat music starts playing with blue introduction screen. The Business.govt.nz logo appears in white on the right-hand side of the screen. The words “Tips for running a successful interview” in thinner white text appear on the left-hand side of the screen, separated by a white vertical line. Music continues to play throughout the entire video.]
[Visual: The screen changes to show a person sitting in an open office space area. The text “Antonia Haythornthwaite” appears in white in the bottom left corner of the screen. Under it, the words “Owner of Blue Dot HR” appear.]
My name's Antonia Haythornthwaite and I'm the owner of Blue Dot HR. We're a human resources advisory firm for small businesses.
[Visual: The screen zooms in to a close-up of the speaker.]
Bringing on the right people to your team in really important. They're the ones who are going to help you achieve your business plan or not, so a really rigorous performance-based interview process is well worth the investment.
[Visual: The screen changes to show three people sitting in a lounge area. The words “Give a realistic job description” appear in white in the bottom left corner of the screen. The text disappears as the scene continues to show the people chatting and smiling to each other.]
I think it's important to be realistic about job, so the candidate knows what it is they're potentially walking into. So, defining the job in terms of the four or five key elements is a great way to start.
[Visual: The screen changes to show the speaker again. The words “Ask for relevant examples” appear in white in the bottom left corner of the screen.]
I think for each aspect of the job, asking the candidate to provide a relevant example of an achievement or an accomplishment is important, and listening carefully for the similarities or differences in the work itself or the work environment.
[Visual: The screen changes to show three people in a conference room. Two are sitting at a desk, and the third one is standing by a whiteboard, going through a series of sticky notes on the board and explaining them to the other two people.]
Just because somebody's been successful in one setting doesn't necessarily mean they're going to be as successful in a different setting.
[Visual: The screen changes to show the speaker again. The words “Dig into work styles” appear in white in the bottom left corner of the screen.]
I think asking follow-up questions to find out more about the candidate's work style is important, so the way that they approach their work, the way the deal with challenges and how they interact with others.
[Visual: The screen changes to show a person standing at a work desk. In the background, there’s a yellow panel with the illustration of a black lightning strike. The text “Samson Ootoovak” appears in white in the bottom right corner of the screen. Under it, the words “Senior Developer at Flick Electric” appear.]
Hi, I'm Samson Ootoovak. I'm a senior developer here at Flick Electric.
[Visual: The screen changes to show an overview of the Flick Electric office. People work at their desk, and some chat to each other in a lounge area. The words “Find the right fit” appear in white in the bottom right corner of the screen.]
Flick Electric is an energy company that's grown from about nine people to forty people in the last two years. We know we're a little different than other energy companies and so we want to take the time in an interview process to make sure we find the right fit.
[Visual: The screen changes to show the speaker, Samson Ootoovak, again.]
We're a really tight-knit team, so it's really important that we hire people that complement our team's dynamics and working style.
[Visual: The screen changes to show the speaker, Samson Ootoovak, at a desk with another person, discussing something on a computer screen.]
Establishing a vision for your team that you want early on is really important in that it really helps focus who you're looking for in the interview process.
[Visual: The screen changes to show a close-up shot of the speaker, Samson Ootoovak, again.]
It's really about building a team to achieve your business's goals to create the kind of workplace that's right for you.
[Visual: White outro screen appears with the Business.govt.nz logo in blue on the right-hand side of the screen. The words “Make business easier” in thinner blue text appear on the left-hand side of the screen, separated by a blue vertical line.]
[Video ends]
Interview and choose someone
Conducting a thorough review can take time, but it's worth the investment. It's your chance to get a clear idea of what a candidate might bring to your growing business.
Once you’ve reviewed the applications and chosen your shortlist, decide if you’ll interview them with either:
- a one-on-one discussion
- an interview panel
- a written project or examination
- a skills-testing service.
Create a list of questions. Try to keep them concise and open-ended, so that the interviewee can give a detailed answer instead of just saying ‘yes’ or ‘no’.
You can’t ask questions in an interview that aren’t relevant to the role, or that could lead to discrimination – for example:
- whether someone has children, or is planning to have children
- how old the applicant is
- whether they are religious.
Make sure you’ve prepared answers on:
- the post-interview process
- the likely range of employment conditions, including salary.
Hiring 'over-qualified' employees
Hoani is surprised to see Don, a former engineering manager, apply for a mid-level technician role. Concerned Don might be overqualified or out of practice, Hoani interviews him. Don explains he’s seeking hands-on work, better work-life balance, and time for family and community. Two years on, Don’s thriving.
Conducting post-interview reference checks
Contacting referees
Referees can give you information that you might not learn during an interview.
Under the Privacy Act, you can only contact people applicants have specifically authorised you to speak to as referees. If they haven’t named someone you want to talk to, like a past employer, you can’t contact them unless you get permission first.
Requesting a criminal record check for a new employee
If you need to check the applicant’s criminal record, you’ll need their consent.
To request a copy of a new employee’s criminal record from the Ministry of Justice:
- complete an application form – both you and your employee must sign this
- provide a copy of their driver licence or passport.
You’ll get a copy of their criminal record by post within 20 working days.
When can I check someone's criminal record? - Office of the Privacy Commissioner
Use the Police vetting service
You can apply to use the Police Vetting Service if your business cares for:
- children
- older people
- people with special needs
- other vulnerable members of society.
This makes it easier to check an employee’s criminal record. To use this service, you need to register with the Police.
Selection and appointment
At this point, you’ll either have a good idea of who the right candidate for the job is or have a few options to consider.
If you’re deciding between applicants, think about:
- relevant experience – consider if the applicant can pick up the job immediately or if they’ll need training
- personality – consider how they will fit in
- attitude – consider if they seem passionate about the job.
You’ll also need to make sure the employee is entitled to work in New Zealand.
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