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Employer in court over "misleading" clause in job offer

A candidate has passed the first hurdle in claiming that an employer misled her when it said an employment offer had lapsed due to reference check issues and 'unacceptable' communication.

The candidate told the Federal Circuit Court that she was interviewed in June 2021 for a support worker position with Australian Unity Home Care Services, and signed a "final employment contract" a few weeks later.

However the employer prevented her from starting in the role, and she alleged this "unfair practice" breached the Competition and Consumer Act, as did its "harassment and coercion" regarding her contract, and its "unconscionable conduct" in making her provide personal information when it never intended to employ her.

As a result she is seeking compensation for lost earnings, and pecuniary penalties...

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