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Product: Employment/Business Opportunities
Advertiser: The Flawless Organisation
ASAI Code 6th Edition: 2.22, 2.24, 11.2
Advertising on Jobs.ie for employment opportunities with The Flawless Organisation offered the following job specification:
“Looking for full time work? Sligo Town
We're currently Recruiting - Our Sales and Marketing Company in the heart of Sligo Town are currently seeking motivated, hard working and ambitious individuals for openings in Sales, Customer Service and our Business Development program in our Sligo office.
An ideal candidate will:
• Be looking for an immediate start
• Be available for full time hours
• Be friendly and approachable
• Be outgoing and willing to learn
No Experience required as Full Product training is provided as well as on-going coaching and development.
To make an immediate appointment call our recruitment team on 071 … and a member of the team will be happy to help you.
You MUST be living or willing to travel to Sligo Town on a daily basis!
Applicants must be over 18 and possess a Stamp 4 Visa
Location Sligo Town
Payment Average Earnings €200-€600
Category Hotels, Restaurants / Catering, Pubs, Bars & Clubs.
Terms Contract / Temporary, Full-time
Last updated 07/01/2015”
The complainant said that he considered the advertising to be misleading and a waste of job seekers time and money. He said when he made enquiries about the sales jobs advertised, he was informed they were commission based only and while there was work available, all the advertisers could offer him was two weeks employment.
The advertisers said that their Business model was a globally recognised form of marketing and they made the terms of commission very clear in all appointments as well as over the phone on initial contact.
They said they had never mentioned a wage in their advertising but had talked about average earnings.
They said that they were not obliged under the terms of jobs.ie to refer to their jobs as being commission based as they did not allude to employed wage paying jobs. They also said they never offered roles for a two week period as all of their sales representatives traded under a trading agreement with them on a sole trader basis and this timeframe would never have been mentioned during a recruitment call.
Further Information: The Secretariat asked the advertisers for their specific comments in relation to Section 11.2 of the Code which states that “… if income is earned from a basic salary and commission, or commission only, this should be made clear.”
The advertisers once again forwarded their initial response in the matter and did not offer any further comment on the specific section of the Code outlined.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. They reminded the advertisers that there was an onus on them to be able to demonstrate that their advertising was in conformity with the Code. They also reminded the advertisers that where income was earned from a basic salary and commission, or commission only, this fact should be referenced in all marketing communications. In the circumstances the Committee upheld the complaint under Sections 2.22, 2.24 and 11.2 of the Code.
Action Required: The advertisement should not run in its current form again. The Complaints Committee also requested that the ASAI forward a copy of the adjudication to Jobs.ie.