Legal ads checklist

Placing an illegal ad on SEEK is a serious offence. Under the Trade Practices Act 1974 penalties of up to $1.1 million may be imposed on companies who mislead or deceive jobseekers about the availability, nature, terms or conditions related to employment. Jobseekers who have suffered loss or damage as a result of such advertisements may also be able to seek damages or other orders.

Misleading ads can cause a great deal of hardship and difficulty for jobseekers. SEEK goes to great lengths to ensure that jobseekers are protected and these ads are identified, however it’s up to the advertiser to ensure they’re playing by the rules to avoid heavy penalties or risk prosecution.

Job ads can fall under the category of misleading for various reasons -

Job ads that leave out key information and don’t address the requirements of a job often lead to confusion and frustration for the jobseeker.

Completing all the supplied fields in the ‘Create a Job Ad’ process will ensure the required job information is provided.

With low unemployment rates it’s becoming increasingly common for recruiters to try to advertise for jobs that do not exist in an attempt to increase their database of jobseekers.

For all job ads placed there must be an actual position available.

Some advertisers attempt to profit from jobseekers by displaying expensive 0055 or 1900 numbers. A typical ad will ask jobseekers to call one of these numbers to find out more about the position - only to be charged at a premium rate and realise there is in fact no job available. Premium SMS numbers are also increasingly being used for similar scams.

All required information should be included in the job ad. Prospective jobseekers should not be forced to call a premium rate number to investigate a potential opportunity.

These types of roles are often found in the Self-Employment and Work from Home classifications. Jobseekers are asked to send a small amount of cash via cheque or money order in exchange for an application form or information kit. Once the small fee has been paid they often hear nothing more from the advertiser or are asked to partake in a scheme involving registering others to join up; sometimes called a ‘pyramid scheme’. At the end of the day it’s only the advertiser that profits and the jobseeker often ends up losing hundreds of dollars on expenses such as photocopying and postage.

Advertisers cannot ask or require any candidate to pay a fee, charge, cost or any money whatsoever to apply for any job advertised on the site as outlined in SEEK’s Terms & Conditions.

Before placing your ad on SEEK make sure you review the following checklist -

1. Have you adequately identified your company or client?

Ensure you supply the correct contact details and accurately fill out all the fields in the ‘Create a Job Ad’ process.

2. Does the advertisement adequately identify the nature of the work?

The advertisement should clearly identify the nature of the work and provide adequate information about the industry that the position is within.

3. Is your ad listed under the appropriate location and classification?

Ensure your ad is accurately defined by –

• Location
• Employment Type (Full-time, Part Time, Casual/Temp, Casual/Vacation)
• Classification

4. Does your advertisement detail terms of remuneration?

Where possible the job ad should detail remuneration. Many job seekers are misled because of failure to disclose the salary type or accurately reflect the true amount.

Ensure your ad isn’t misleading and you’ll not only allow the jobseeker to make an informed decision about applying for the role, but you’re also more likely to receive relevant, high quality applicants!