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discrimnation Archives - MDC Legal

Oct 31 2018

Say what? Navigating Unlawful Interview Questions

Posted by MDC Legal | Articles, Discrimination & Bullying, HR Advice & Support | No Comments

By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer

An interview provides an employer with an opportunity to get to know prospective employees and assess their suitability for employment. Often, there are many questions an employer wants to ask a prospective employee – however care should be taken to avoid questions which can later be relied on by the interviewee to mount legal claims.

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1. This Agreement and attached Schedules set out the terms on which you engage MDC Legal to provide the Specified Working Schedules 1 and2 (Subscription).

2. This Agreement, the Subscription and our services are subject to the Legal Profession Act 2008(WA) (LPA). The services we provide will be by Australian legal practitioners,or a person employed by MDC Legal who is supervised by an Australian legal practitioner.

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3. You agree to payan annual Subscription Fee set out in Schedule 1.

4. The Term of the Subscription is for 12 months starting on the day that you make your first subscription payment.

5. You maychoose to pay the Subscription Fee upfront for the Term, in which case you will receive a further 5% discount; or you may choose to make 12equal monthly payments, with each payment due no later than the 21st day of the month, or when that day is a weekend or public holiday, the closest business dayafter that.

6. Your Subscription terminates after 12 months unless you have opted for the automatic renewal option, or you have told us in writing at any time during the Term that you wish to renew the Subscription.

7. You cannot terminate your Subscription during the Term.

8. The Subscription Fee or other condition of the Subscription may bevaried during the Termby agreement in writing. We may agree a variation or offer a further and alternative engagement under separate costs agreement if you instruct us toundertakework in addition to the Specified Work,or if we are otherwise required to undertake work that falls outside of the scope of the Specified Work.

10. The Subscription Fee does not cover litigation or any other work outside of the scope of the Specified Work.

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13. Non-payment of theSubscription Fee, or failure to respond to requests to provide current credit card details, does not constitute a termination of your Subscription. You remain liable for all Subscription Fees for the full Term.

14. If a monthly payment is unpaid for 15 days or more, we may charge you interest at the rate prescribed by the LPA. If we need to use a debt collecting service or external solicitors to recover our costs we reserve the right to pass those costs on to you.

15. The Subscription Fees may be more than would be chargeable under the costs scale fixed by the Legal Costs Committee (an independent statutory authority established under legislation that regulates the legal profession in Western Australia), namely the Solicitors Costs Determination 2015.

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Terminating this Agreement

21. We may terminate this Agreement in writing if:

You have not paid your Subscription Fee within 15 days of the due date;
You breach a materialterm of this Agreement or indicate an intention to do so;
The relationship of trust and confidence between us no longer exists; or
Complying with your instructions may lead to a breach of our professional obligations.

22. In circumstances where we terminate this Agreement for any of the above reasons the balance of any outstanding Subscription Fees become due and payable as a debt.

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27. We are required by law to retain copies of your documents for 7 years before they are destroyed.

Legal Advice

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Applicable law

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A signed copy of this Agreement;
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Credit card details for direct debits in Schedule 1.

discrimnation Archives - MDC Legal

Say what? Navigating Unlawful Interview Questions

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