Finding the right employee requires effort, but the benefits are significant. Stay open-minded about your ideal candidate. The right person will bring fresh ideas and contribute to your business’s growth. By following these steps, you’ll be well on your way to making a successful hire.
Step 1. Get familiar with employment law
Legally, there are certain things you can and cannot do or say during the hiring process.
You cannot hire or choose not to hire someone based on their:
- Age
- Sex
- Race, colour, or ethnicity
- Religious or ethical beliefs
- Sexual orientation
- Disability
- Marital status
- Family status
- Political opinions
Discrimination based on these factors is illegal.
You can only ask an applicant to provide personal information during an application or interview if:
- It is directly relevant to the job.
- You require that information to make an informed hiring decision.
More information:
- Privacy information for employers — Office of the Privacy Commissioner
- Discrimination — Employment New Zealand
- Make a complaint — Human Rights Commission
Step 2. Write a job description
You are not legally required to write a job description for a new position, but having one can be beneficial when drafting an employment agreement.
A good job description should include:
- Overview of your business, its activities, and future direction
- Purpose of the position
- Job title
- Wage or salary range
- Tasks and responsibilities associated with the role
- Reporting structure (who the employee will report to and any direct reports)
- Hours of work
- Minimum qualifications required
- Desired skills and experience
- Performance measurement criteria (e.g., annual reviews, bonuses)
You can also include additional details such as:
- Key contacts or networks the employee will work with
- Language or cultural knowledge required
- Physical fitness or other requirements (e.g., driver’s license)
Having a comprehensive job description helps clarify expectations and responsibilities, aiding in the hiring and management process.
Describing a job — Employment New Zealand
Case study: Illegal job ad
Kapil, the editor of a culture magazine aimed at young Indian-New Zealanders, seeks to hire an Auckland sales manager and initially specifies in the job ad a preference for a young person of Indian heritage.
Upon review by a recruitment consultant, the ad is deemed necessary for rewriting. The consultant explains that advertising a job with preferences based on age or ethnicity violates the Human Rights Act and Employment Relations Act. They refer Kapil to the Human Rights Commission’s A-Z pre-employment guidelines for guidance on revising the job ad. Publishing the ad without changes could lead to legal liabilities for both Kapil and the recruiter.
Step 3. Advertise the position
When crafting a job advertisement, it’s crucial to ensure it’s accurate and non-discriminatory. Avoid language that could suggest a preference based on age, gender, or race. Instead, focus on:
- Minimum qualifications, experience, or job requirements (e.g., driver’s license)
- Type of employment (full-time, part-time, permanent, fixed-term, casual)
- Benefits such as flexible hours, KiwiSaver contributions, or bonuses
- Company culture and why it’s a great place to work
- Application instructions.
Do not include requirements that could lead to discrimination, such as:
- Physical appearance (e.g., hair or skin colour)
- Gender
- Race
- Religion
- Age
Consider including an application form and requesting a cover letter in addition to a CV to gain insights into how a candidate’s past experiences align with the role you’re offering.
Advertising jobs — Employment New Zealand
Where to place the ad
When deciding where to advertise a job, consider targeting platforms where your ideal candidates are likely to look. Here are some options to consider:
- Utilise a recruitment agency, which can be costly initially but saves time and effort.
- Target advertising in industry journals, magazines, and specialised websites relevant to your field.
- Advertise on popular job listing websites such as Seek, Trade Me Jobs, or MyJobSpace.
- Reach out to Industry Training Organisations (ITOs) or training establishments that focus on workers in your specific industry.
Case study: Myth of ‘over-qualified’
Hoani initially had reservations when reviewing Don’s CV for a mid-level engineering technician position, considering Don’s extensive experience as an engineering manager leading a team of 10. Despite concerns about potential boredom or rusty technical skills, Hoani kept an open mind and invited Don for an interview.
During the interview, Hoani asked Don about his interest in the role. Don explained that he was eager to return to hands-on engineering work after years in management. He expressed a passion for engineering dating back to his apprenticeship days and highlighted his desire for a role with less responsibility to reclaim his weekends and pursue personal interests like spending time with family, restoring a motorbike, and mentoring youth.
Impressed by Don’s attitude and background, Hoani checked his references, which confirmed Don’s reputation as a collaborative team player with strong technical skills. Hoani offered Don the position, and over the next two years, Don proved invaluable. He not only maintained and repaired machinery proficiently but also shared his knowledge generously, mentoring younger colleagues and remaining open to learning from them.
Hoani’s decision to give Don a chance despite initial concerns paid off, contributing to a successful and harmonious team dynamic in the workplace.
Step 4. Interview and choose someone
Conducting a thorough review of candidates takes time but is crucial for understanding their potential contributions to your growing organisation.
After reviewing applications and creating a shortlist, decide how you will interview candidates:
- Conduct one-on-one discussions
- Form an interview panel
- Assign a written project or examination
- Utilise a skills-testing service
Prepare a list of concise and open-ended questions that allow candidates to provide detailed responses rather than simple ‘yes’ or ‘no’ answers.
Ensure you avoid asking irrelevant or discriminatory questions during interviews, such as inquiries about:
- Whether the candidate has children or plans to have children
- Age-related questions
- Religious beliefs
Be prepared to discuss:
- The post-interview process
- Likely employment conditions, including salary ranges
Fact: Sharing information about a job applicant to anyone, even by accident, is a breach of the Privacy Act.
Contacting referees
When contacting referees for a candidate, it’s essential to remember the following:
- Under the Privacy Act, you can only contact individuals whom the applicant has specifically authorised you to speak with as referees.
- If the candidate has not listed someone you wish to contact, such as a past employer, you cannot reach out to them unless you obtain explicit permission from the candidate beforehand.
Can a potential employer collect information about me from someone other than my nominated referee?— Office of the Privacy Commissioner
Requesting a criminal record check for a new employee
If you need to check an applicant’s criminal record, it’s crucial to obtain their consent first.
When can I check someone’s criminal record? — Office of the Privacy Commissioner
To request a copy of a new employee’s criminal record from the Ministry of Justice, follow these steps:
- Complete an application form provided by the Ministry of Justice.
- Ensure the form is signed by both you and your employee.
- Provide a copy of your employee’s driver’s license or passport as identification.
- Submit the completed application form and identification documents to the Ministry of Justice.
Upon approval, you will receive a copy of the employee’s criminal record by mail within approximately 20 working days.
How to get a copy of someone else’s criminal conviction history— Ministry of Justice
Use the Police vetting service
If your business provides care for:
- Children
- Older people
- People with special needs
- Other vulnerable members of society
You can utilise the Police vetting service to simplify the process of checking an employee’s criminal record. Registration with the Police is required to access this service.
Ask for Police vetting — New Zealand Police
Selection and appointment
At this stage, you’ll likely have a clear idea of the right candidate for the job or a few options to consider.
When deciding between applicants, consider:
- Relevant experience: Can the applicant start the job immediately, or will they require training?
- Personality: How well will they fit into the team and company culture?
- Attitude: Do they demonstrate enthusiasm and passion for the role?
Additionally, ensure that the selected candidate is legally entitled to work in New Zealand. This includes verifying their work eligibility before finalising the hiring decision.
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