Human Resources - Summer 2023 (Volume 28 No 4) Step up your influence

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EMPLOYMENT LAW UPDATE JACK RAINBOW

16 HUMAN RESOURCES | SUMMER 2023/24

Getting the basics right: Recruitment

In HRNZ’s first of a series of articles on getting the basics right, Jack Rainbow, Associate at Dundas Street Employment Lawyers, outlines the importance of getting the recruitment process in order from the very start.

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ike all good relationships, a solid foundation from the outset is vital to ensuring a smooth road ahead. This is why it is important that businesses get their processes right from the beginning, starting with the recruitment process.

RECRUITMENT AND PRIVACY

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nevitably, recruitment processes involve the collection and use of personal information, which is governed by the Privacy Act 2020. Any time an organisation collects information about an individual they undertake legal obligations as to how they deal with that information. It is crucial organisations have a privacy policy that addresses the reason they are collecting, storing, sharing, disclosing, correcting and destroying that information. When seeking information from a prospective candidate, there are

a few questions an organisation should ask itself first. IS THE COLLECTION OF INFORMATION NECESSARY?

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nformation Privacy Principle 1, set out in the Privacy Act, holds that an organisation must only gather information for a lawful purpose connected to its function, and the collection is necessary for that purpose. In respect of recruitment, when seeking information from prospective candidates, an employer can only collect information that is relevant to determining whether the employee is the best applicant


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