What is misleading conduct?
The Australian Consumer Law prohibits an employer from misleading a prospective employee about the availability, nature, terms or conditions of prospective employment. In essence, it prevents an employer from lying to an employee during a recruitment process.
A claim for misleading and deceptive conduct can arise in a number of ways. For example, an employer, deliberately or inadvertently, might represent to a candidate that if they leave their current employment and join the employer, they will have long and prosperous employment. If, at the time the employer made this representation, facts existed which meant the candidate could not have had long and prosperous employment (e.g. the candidate was actually being employed to complete a fixed term project with limited funding), the candidate will likely have been misled.
How to make a claim
Claims under the Australian Consumer Law are complex and are usually made in the Federal Circuit Court of Australia or the Federal Court of Australia. The lawyers at Jewell Hancock Employment Lawyers have successfully made a number of misleading and deceptive conduct claims over the years and have recovered hundreds of thousands of dollars in compensation for clients. Given the complexity of the jurisdiction, it is always best to obtain sound legal advice before making a claim.
Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.