Employment Law, Government & Legislation

No right to know for rejected applicant

In Germany, the Federal Employment Court, held that a rejected applicant is not entitled to information about the succcessful applicant (or whether a specific applicant has been successful). The applicant claimed that the employer discriminated her because of her age, gender and origin and relied on the German Equal Treatment Act, but the Court found no evidence for discrimination.

In NZ, we just recently had a similar case, which however was decided by the Human Rights Tribunal, instead of the Authority or the Employment Court (as unsuccessful job applicants are not ’employees’ or ‘persons intending to work, hence the Authority or Court have no jurisdiction. In Germany, however, the jurisdiction of the Courts is wider and covers job applicants as well).

The HRT’s focus is also different in that it only looks at the respective discrimination grounds set out out in the legislation. Even though, it came as a surprise that (in a very similar fact scenario), the HRT ordered the employer to rdered an employer to disclose to the unsuccessful job applicant, who also alleged age discrimination, the names, CVs, qualifications and work experience of the successful job applicants. The Tribunal also ordered disclosure of the references obtained by the employer’s recruitment agency in relation to all of the job applicants.