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QUESTION

You work in the HR department of a small retail organisation, Dimsey Do Pty Ltd (DD).

You work in the HR department of a small retail organisation, Dimsey Do Pty Ltd (DD). Your organisation retains People For You Pty Ltd (PFY), a recruitment agency, to locate suitable employees to fill approximately 30 roles a year.

The service agreement between the parties, states:

  1. PFY must advertise each vacancy in the Saturday edition of each state/ territory major newspaper within 14 days of receiving instructions that a vacancy exists (clause 4.1).
  2. Advertisements must be at least six lines long (clause 4.2).
  3. All unsuccessful applicants must be informed that they are no longer being considered for a role within 24 hours of the successful candidate accepting an offer of employment (clause 6.2).
  4. PFY is to arrange and conduct an initial screening interview with all applicants shortlisted for a role (clause 7.1).
  5. A representative of PFY is to attend a second interview which will be conducted by the HR manager and another senior employee of DD (clause 7.4).
  6. PFY will contact all referees and verify all references of successful applicants (clause 9).
  7. Any variations of the agreement must be in writing signed by both parties (clause 15).

One year into the three year term of the agreement, it comes to your attention that:

  1. PFY does not always advertise vacancies in the Saturday edition of the appropriate newspaper, but instead runs the advertisement on their extremely popular website; the manager tells you that the estimated audience is higher than if the advertisements appeared in the newspapers.
  2. Advertisements on the website are the equivalent of at least 20 lines long.
  3. Applicants from interstate are not being informed that they are no longer being considered for jobs within 24 hours, but this is due to a longer time being required for letters to be delivered.
  4. PFY sometimes does not always conduct an initial screening interview; however, a consultant familiar with the relevant job and person specification always discusses the role with them over the phone before deciding whether to offer an interview with DD.
  5. On several occasions, PFY has not sent a representative to a second interview.
  6. On 12 occasions, PFY has sent a junior administrative assistant to a second interview as their representative; this person has sat in a corner and read a book, saying they were only there to fulfil the terms of the agreement.
  7. PFY usually checks references but does not follow-up if a referee is not available the first time PFY telephones them.

Draft a letter that you could send to PFY setting out their performance issues and suggest how the situation can be rectified.

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