Advertising on third party websites placed by Connect Recruitment offered the following job specification:
“We are currently looking for Production Operatives to work in a busy factory environment in the Longford area. Experience in manufacturing would be an advantage but is not essential. This is a position working on a production line with an immediate start. Role involves shift work. Must be fluent in English. Please submit a CV with your application.
Salary: €11.28ph - €12.10ph Number of Positions 3
Contract Type Permanent…”
The complainant said that the rate of pay as stated in the advertising was misleading as when attending for interview applicants were informed that the rate of pay would be €9.01 per hour for the first eight months.
The advertisers said that advertisements such as this needed to be concise and could not possibly be expected to outline all the terms and conditions of the post or job on offer. They said the rate of pay for the positions advertised was as stated, namely €11.28 to €12.10 per hour. Prospective employees were informed at interview stage that there was a probationary period of eight months involved and the rate applicable to that period was 80% of the hourly rates advertised i.e. €9.02 and €9.68 per hour respectively.
The advertisers said that while the positions advertised had been filled, in the avoidance of any doubt in future advertising where a probationary period applies, all advertising will contain information to this effect, along with the hourly rates applicable to the probationary period.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. They reminded the advertisers that the terms and conditions attached to any job vacancy should not be misrepresented and earnings forecast should be realistic. For the avoidance of doubt the Committee stated that the Code did not require pay rates to be included in employment advertising. The fact that pay rates advertised were not those applicable during the probationary period was, however, material information that should have been made available in the advertising. In the circumstances the Committee upheld the complaint under Sections 2.22, 2.24 and 11.2 of the Code.
Action Required: The Committee noted the advertisers’ intention to amend all future advertising where necessary and no further action was taken in the matter.