Recruiting FAIL: Update with ITCRA documents

I've put on-line the follow-up documents [links below fold] I received from ITCRA on my complaint, lodged in Aug/Sep 2012 and apparently resolved before Christmas that year. I have on record, because almost all my interactions have been via email, that I wasn't informed on the lack of Natural Justice until around six months after I lodged my grievance.

I was given an undertaking that a) ITCRA would write a Case Study from my complaint, in lieu of informing me of their determinations and actions taken, and b) I would be sent a copy.

A year on, Dec 2013, I enquired after the Case Study. My guess from the delay is that it'd never been written, as promised in writing.

It was only in February this year, 2014, that I received that Case Study.
In a separate email I was informed that the Agent had been dismissed over this matter, presumably in late December 2012.

Recruiting FAIL: The Gap between Promise and Reality

Following from my own problems with recruiters, a mate sent me the following unsatisfying exchange with a "recruiting" agent, from a supposedly specialist firm.

If you're looking for work, you'll be only too familiar with this mechanical approach where they don't even both to look at your CV and confirm there's a hint of a match.

If you're hiring, this is death. The High Priced Agency might send you warm bodies, but they've done less than you'd want, and possibly would like to believe.

This led me to spending some time researching these "experts".

It's a public company in the UK that sells franchises all around the world - they claim 67 locations and 2,500 staff.
To investors, they claim "high value, high margin". They make a motza out of the suckers on both sides of the table - just look at their financials.

Rummaging around in the company and business names registry and you don't find nearly the entities widely claimed on-line. Is that a problem under the Trade Practice Act (1974) now ACL (2010) part of the CCA (2010) or could someone just register those names and sue them for using them? This is why we have "Hungry Jacks" not "Burger King" burgers. Someone didn't register the names across Australia.

Dig even a little and you find stuff you'd rather not know. A formal warning from ACMA over spamming, a Fairwork complaint on unfair dismissal which doesn't just question the judgement of managers, but makes a case for the employee being consistently 'loose with the truth'.

Then there's the reviews by clients... A few "5-star" ratings, some which read like they were purchased from a sweat-shop in India, others that jibe totally with the rest.

Oh, and one of the original principals who's now worth tens of millions of dollars after the 2005 float is best described as "colourful", four wives, lots of bling and a sting operation for cocaine use.

---

Date: 19 June 2014
Subject: Re: UX Designer contract role
To: recrutier@progressiverecruitment.com

Dear XXXX,

With respect, the problem with most I.T. recruiting agencies is just this - a data mining program trolled the 1000's of CV's that you have online and sent me this "opportunity". If you took the time to read my resume, perhaps schedule a face to face interview, get to know me, my skills, my strengths and weaknesses, shared a cup of tea, a Skype meeting, maybe then you would be motivated to get me something that I am more suited too.

This is the problem - the gap between the many people with the skills and the actual work has been filled with huge "talent agencies" and programs developed by the likes of myself. Programs that perhaps don't reflect a person's skills or character.

I have HP-UX on my resume, NOT UX. Perhaps I could do this job with proper coaching, but would you actually take the time to read my resume and find out? Give me some Skype time?

[snip]

I realize costs have been cut world wide in a lot of industries but this whole process adds a layer of complexity that I find fraustrating. How many times a day do I need to update my resume with "keywords"? before I actually get an interview with you, then maybe the other two people and then the test?

I've been with your agency for over 2 years, maybe longer. I have applied for:

• Unix / Linux System Administration (the buzz word is "Engineer" or "Designer" these days)
• Windows Server Administration 2003, 2008, 2012 - one year relevant experience
• CISCO CCNA 2 Network Admin Certificate - with 2 1/2 years relevant experience managing a LAN / WAN and its hardware (modems, routers, cabling, switches, etc)
• Experience with all workstations - 15 years of experience building, troubleshooting, designing, managing.
• AMD and Intel architecture hardware - 4 years of in depth knowledge that makes me as good as at least a 1st year apprentice electronics technician
• iphones, android phones - very good knowledge
• Virtual machines - very good - set up at least 15
• Scripting in Perl and Shell - very good
• Programming in Visual Basic and C++ - good
• Database scripting (MySql) - good

[snip]

Sincerely,

BP

---

Hi B, 

I Hope you have been well. 

Are you looking for an exciting 3-6 month contract opportunity in the UX design space? 

My client is looking for a UX Designer who will need to work on an old product that needs re-vamping. As the sole UX Designer you will design, lead, and analyze end user needs and leverage the findings into site architectures, Wire-frames, and functional specification documentation for web sites and applications. The UX designer will collaborate closely with a product manager and developers to create the best possible user experience. 

[snip]

If this sounds like you please register your immediate interest by sending through your updated CV and a link to your portfolio/creative work. 

Kind regards,
XXXX

Progressive ICT

---

Business Names Search
https://connectonline.asic.gov.au/RegistrySearch/faces/landing/bn/SearchBnRegisters.jspx?_adf.ctrl-state=ig8ji303r_13

ORGTEL, TAS BN01642042, Registration Date 01/10/2009
http://www.search.asic.gov.au/cgi-bin/gns030c?acn=139699148&juris=9&hdtext=&srchsrc=1

Name STHREE AUSTRALIA PTY LIMITED
ACN 126 409 103
ABN 86 126 409 103
Registration Date 06/07/2007
http://www.search.asic.gov.au/cgi-bin/gns030c?acn=126409103&juris=9&hdtext=ACN&srchsrc=1

Current details for ABN: 86 126 409 103, ACN: 126 409 103
STHREE AUSTRALIA PTY LIMITED, from 1-Dec-2007
HUXLEY ASSOCIATES, Business Name
http://abn.business.gov.au/SearchByAbn.aspx?StartSearch=True&SearchText=126409103

Name: STHREE AUSTRALIA PTY LIMITED
ACN: 126 409 103
ABN: 86 126 409 103
Registration date: 6/07/2007
Next review date: 6/07/2014
Former name(s): PROGRESSIVE RECRUITMENT PTY LIMITED

NOTE: There are no current entity, trading or business name registered in Australia besides "SThree Australia" and "Huxley Associates". Claims that the other entities are "Trading Divisions" within Australia can only be internal accounting arrangements, not backed by any formal entity or registration.

Only in Tasmania is there a registered trading name: "Orgtel."

---

Progressive GE (Global Energy)
http://www.progressivege.com/about-us
http://www.progressivege.com/company-details

Progressive Recruitment
http://www.progressiverecruitment.com/about-us
http://www.progressiverecruitment.com/company-details

Huxley Associates
http://www.huxley.com/company-details

Real Staffing
http://www.realstaffing.com/company-details


SThree info.
http://www.sthree.com/about-us/our-philosophy

SThree on Wikipedia
http://en.wikipedia.org/wiki/SThree

SThree History via Archive.org. Started 1986 as "Computer Futures", Taken Public in 2005.
https://web.archive.org/web/20130207013722/http://www.sthree.com/en/page/history/

SThree Investment Case: High Value, High Margin
https://web.archive.org/web/20130207013827/http://www.sthree.com/en/page/investment_case/

Live site
http://www.sthree.com/investors/investment-case

SThree global businesses
http://assets.sthree.com/legal/SThree_Group_Companies.htm

---

Gary Goldsmith, one of original owners of "Computer Futures". Described as "Colourful.
http://www.express.co.uk/news/royal/378060/Duchess-of-Cambridge-s-very-colourful-uncle

Treffry v SThree Australia Pty Ltd [2013] FWC 3697.
Odd behaviour by both employee and company is specifically commented upon.
http://www.vta.vic.edu.au/docs/News/HR%20Update%20August%202013.pdf

Senior Deputy President (SDP) Boulton found that there was a valid reason for terminaton statng that “there is evidence of dishonesty which was premeditated, preconceived, and which was perpetuated, even after it had been challenged by SThree and that Mr Treffry was warned about possible disciplinary acton”. Further to that, he noted that given the relatvely short period of employment, being about one year and three months, the fact that the conduct of Mr Treffry was clearly dishonest, it would have the potental to undermine the trust and confidence which is necessary in the employment relatonship. SDP Boulton did have some reservatons as to whether the terminaton might be correctly characterised as being one for serious misconduct. “In any event, I am not satsfied that the characterisaton of the terminaton as being for serious misconduct would be such as to outweigh all the other consideratons which have led to the conclusion that the terminaton of Mr Treffry’s employment was not harsh, unjust or unreasonable”.

ACMA, 2012. Formal Warning under Spam Act issued to SThree Australia
http://152.91.62.26/Industry/Marketers/Anti-Spam/Ensuring-you-dont-spam/sydney-businesses-failed-to-comply-with-spam-act-i-acma
http://www.acma.gov.au/webwr/_assets/main/lib410040/sthree_australia-s41_formal_warning-6jan2012.pdf


Progressive Recruitment Specialists Reviews - www.progressive.co.uk
http://www.reviewcentre.com/reviews132341.html
http://www.reviewcentre.com/r132341_2_Progressive_Recruitment_Specia.html

---

Business Names search - '126409103'
Business Names search - '126 409 103'
Business Names search - 'STHREE AUSTRALIA PTY LIMITED'
Organisations & Business Names search - 'STHREE AUSTRALIA PTY LIMITED'

---

Business name: ORGTEL
Status: Registered
Registration date: 1/10/2009
Renewal date: 1/10/2015
Address for service of documents: Level 9 1 Market St Sydney NSW 2000
Principal place of business: Level 9 1 Market St Sydney NSW 2000
Holder Name: STHREE AUSTRALIA PTY LIMITED
Holder Type: Body Corporate
ABN: 86 126 409 103

Former identifier: BN01642042
Former State/Territory: TAS

---

Business name: PROGRESSIVE RECRUITMENT
Status: Cancelled
Registration date: 21/01/2008
Renewal date: 21/01/2011
Cancelled date: 21/01/2011

Former identifier: B2068812U
Former State/Territory: VIC

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 10/11/2009
Renewal date: 10/11/2012
Cancelled date: 18/02/2011

Former identifier: BN21413800
Former State/Territory: QLD

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 26/10/2009
Renewal date: 26/10/2012
Cancelled date: 11/03/2011

Former identifier: B2229987W
Former State/Territory: VIC

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 4/11/2009
Renewal date: 4/11/2012
Cancelled date: 18/02/2011

Former identifier: BN01646217
Former State/Territory: TAS

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 27/10/2009
Renewal date: 27/10/2012
Cancelled date: 10/03/2011

Former identifier: BN11447059
Former State/Territory: WA

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 5/11/2009
Renewal date: 5/11/2012
Cancelled date: 18/02/2011

Former identifier: BN05058880
Former State/Territory: SA

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 28/10/2009
Renewal date: 28/10/2012
Cancelled date: 24/03/2011

Former identifier: F00136100
Former State/Territory: ACT

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 27/10/2009
Renewal date: 27/10/2012
Cancelled date: 18/02/2011

Former identifier: BN01134048
Former State/Territory: NT

---

Business name: COMPUTER FUTURES
Status: Cancelled
Registration date: 26/10/2009
Renewal date: 26/10/2012
Cancelled date: 9/03/2011

Former identifier: BN98463286
Former State/Territory: NSW

---

Business name: JP GRAY
Status: Cancelled
Registration date: 4/11/2009
Renewal date: 4/11/2012
Cancelled date: 18/02/2011

Former identifier: BN01646229
Former State/Territory: TAS

---

Business name: JP GRAY
Status: Cancelled
Registration date: 26/10/2009
Renewal date: 26/10/2012
Cancelled date: 11/03/2011

Former identifier: B2229974L
Former State/Territory: VIC

---

Business name: JP GRAY
Status: Cancelled
Registration date: 27/10/2009
Renewal date: 27/10/2012
Cancelled date: 18/02/2011

Former identifier: BN01134050
Former State/Territory: NT

---

Business name: JP GRAY
Status: Cancelled
Registration date: 26/10/2009
Renewal date: 26/10/2012
Cancelled date: 9/03/2011

Former identifier: BN98463284
Former State/Territory: NSW

---

Business name: JP GRAY
Status: Cancelled
Registration date: 28/10/2009
Renewal date: 28/10/2012
Cancelled date: 24/03/2011

Former identifier: F00136099
Former State/Territory: ACT

---

Business name: JP GRAY
Status: Cancelled
Registration date: 27/11/2009
Renewal date: 27/11/2012
Cancelled date: 18/02/2011

Former identifier: BN21436927
Former State/Territory: QLD

---

Business name: JP GRAY
Status: Cancelled
Registration date: 5/11/2009
Renewal date: 5/11/2012
Cancelled date: 10/03/2011

Former identifier: BN11453424
Former State/Territory: WA

---

Business name: JP GRAY
Status: Cancelled
Registration date: 5/11/2009
Renewal date: 5/11/2012
Cancelled date: 18/02/2011

Former identifier: BN05058892
Former State/Territory: SA

Recruiting FAIL: The Non-Response of ITCRA.

I'm not impressed with the ITCRA grievance process.

As a mere 'candidate', they were happy to accept a 'grievance' from me, using that term, to communicate with me on the matter over many months and to put me to some trouble to provide them 'evidence'. When I raised concerns about maintaining the confidentiality of my private emails, they were brushed aside: Our Way or the Highway was the message.

After too many months, today I finally have a letter saying the matter is 'resolved' and now closed.
I am none the wiser about the facts of my complaints or if ITCRA viewed any/all/some of them as proven.
Did they think I was a reliable witness and weigh my evidence highly or not? I've No Idea.

ITCRA was also unhappy that I should dare to write-up a DEIDENTIFIED version of the story.

As an organisation they seem to have difficulty with the notions of Freedom of Speech, Open and Transparent Governance Processes and Natural Justice.
Nor did anyone have the decency to offer me an apology.
From that, do I infer they found NO FAULT on the part of the Agency and Agent? That I've been a jerk, wasting their time and making a nuisance of myself? I've No Idea.

If anyone has a problem with an ITCRA Member Company, my advice now is:

Don't waste your time.

They'll only jerk you aroud, waste your time and leave you very unsatisfied.

Previous posts on the matter:

http://stevej-on-it.blogspot.com/2012/09/recruiting-fail-how-to-foul-up-employee.html

http://stevej-on-it.blogspot.com/2012/09/recruiting-fail-part-3-itcra-complaint.html


DRAFT Complaint: 10-Sept-2012.

Mr. AAA BBB,
ITCRA Member Company Representative
XXX Recruitment
YYY Street
Melbourne VIC 3000

Dear AAA,

I am in receipt of a grievance lodged by a candidate Mr. Steve Jenkin, against a XXX consultant Mr. ZZZ ZZZ. He has certified that the information provided is correct to the best of his knowledge and that he has not provided any false or misleading claims against another company or individual and has provided additional email evidence to support the claims made. In summary the issues are:

Background (commencing in August)

• The issue is focused on a *permanent* position for a senior IT staffer and Mr Jenkin was required to move interstate.
• Agency approached Mr Jenkin, no job application ever made by Mr Jenkin.
• Job never advertised with a start date, no immediacy ever stated. Comment was made that it was expected to take 2 months to fill position [by October]

Grievances

• Misleading statements:
1. Confused an email from consultant (ZZ) to work seeker (SJ) with a written offer from the Client. Insisted this was a "Job Offer ", implying a binding contract.

2. Promised help finding accommodation for relocating interstate and none was provided. Having local accommodation was always a condition of accepting the position.

• Harassment or cyber-stalking:

1. One incident of a dozen calls/texts in 30mins by (ZZ)

2. (SJ) asked, in an email, to desist. (ZZ) repeated again later with more very inappropriate and abusive statements.

• Privacy Act breach.
1. (ZZ) used referee contact details for purposes data not supplied for. When work seeker (SJ) would not answer consultant’s (ZZ) calls, consultant (ZZ) rang referee to complain and spoke inappropriately.

• Additional Issues

1. When SJ had failed to receive a contract 10 days from first proposed start date, informed ZZ of inability to start due to personal circumstances. ZZ then harassed and browbeat SJ and seriously overstepped by continuing to demand exactly what the personal circumstances were. This was justified by saying that there was a need to explain to the Client.

2. Misspelt SJ name on contract.

3. ZZ demanded a written apology from SJ to Client for pointing this out.

4. ZZ Sent 7 emails in 15 minute period informing work SJ of Job Offer. ZZ Kept issuing recall emails for incorrect offers sent.

5. ZZ commented that his manager was continually chasing him to comply with company requirements and document all communications.

6. SJ requested 3 times in email that ZZ ask Client if 9-day fortnight [with RDO] would be acceptable during first 3 months while transitioning to Sydney. ZZ never asked Client [confirmed]. Client was happy to comply when asked by SJ.

7. ZZ deliberately misled SJ by stating the job was full-time only and RDO’s were not possible.

Formal Letter of Response: 19-Dec-2012

Mr Steve Jenkin,

Dear Steve,,

The ITCRA Board of Directors has asked me to write and thank you for raising the professional practice matter against ZZZ ZZZ of XXX Recruitment. The complaints process allows us, as an Association, to address issues and to ensure that recruitment practices achieve best practice benchmarks.

The Conduct Committee reviewed the evidence provided by both parties and asked further questions of XXX Recruitment, as the Member of ITCRA. The findings and recommendations of the Conduct Committee were discussed by the ITRCRA Directors and the following outcomes have resulted:

• XXX Recruitment were required to agree to a number of actions as a result of the Committee's recommendations and these have been committed to, with some already completed and assessed by an external quality auditor.

• The ITCRA Directors accepted the Committee's findings and the undertakings by XXX with respect to process review and consultant training.

• The ITCRA Directors raised concerns with respect to the discussions of this matter in the public domain via your blog as this could have jeopardized the process if the Member company felt the Committee had been unduly influenced prior to the matter being heard.

The purpose of the ITCR's Code of Conduct to provide a channel for complaints to be addressed and to provide improvement strategies for professional and business conduct of Members.

As explained to yo, the resolution of the matter was between ITRCA and the Member company and, as such, is confidential and cannot be made public - although the content can be used as a case study, with anonymity, for industry improvement. You would have the right to review any such case study as protection of your rights is also a priority.

The Directors wish you well in your future endeavours and hope that your experience with recruiters, in the future, is not as frustrating.

Have an excellent festive season,

Yours sincerely,
.... CEO

Email to President of ITCRA on their unsatisfactory response.

To: Russell MacDonald, President ITCRA
Subject: ITRCA complaint against XXX
Date: Wed, 19 Dec 2012 13:10:36 +1100

Russell,

After many months of waiting, today I finally received a letter telling me my complaint against XXX Recruiting on multiple grounds had been resolved.

The letter is best described as "content free".

How was my complaint resolved? I've no idea, just that you've closed the book on it.

Nothing in this process has answered my complaints, nor told me what, if anything, XXX had done wrong, or if any of their malfeasance *I* perceived was supported or not.

All I can gather is they were given a good talking to and they promised not to get caught doing "it" again.

I'm a party to these proceedings, not a third party or 'the public':
  these actions were visited *upon me* and were personally quite devastating and financially disastrous for me AND I personally raised the issue to get some satisfaction from you.

Releasing to me matters that *I* raised, even under a Confidentiality Agreement, doesn't involve any abuse of process or publicly exposes anyone. I already know the names of the players, I was one of them.

If you knew *all along* that I would never be told the outcome of my complaint WHY DIDN'T YOU JUST SAY THAT in September???
That would have been reasonable, but your organisation has jerked me around for months on end...

That's beyond inconsiderate: it's deliberate and intentional misleading behaviour.

At the very least, I would've expected a response to the complaint I raised that comprised two parts:

 - the findings of fact on each individual issue/point raised.
    i.e. "we found a breach of the privacy act, but not harassment"
    Note: I am NOT party to the internal actions, remedies and disciplinary process.

 - if the Agency, or their agent, was found to have acted in Bad Faith or outside acceptable limits in your Professional Code, then an apology to me, at least, is in order.

Where is a letter to me from the management of XXX Recruiting saying "We're sorry, we've looked to fixing things"?????

I'm not just disappointed in the process and this unsatisfactory result, but that you don't understand the concepts behind of Natural Justice. If you asked me to provide a *lot* of personal information as evidence as part of your process, so why cannot I know the determinations you made?

*That* is the reason I approached you with a complaint: to have you make a determination and tell me what it was.

I wish that you:
 - write me a response detailed the determination, not actions taken, on each point of complaint I made.
 - direct XXX Recruitment to write (or phone) an appropriate formal apology to me.

regards
steve jenkin

Recruiting FAIL: Part 3. ITCRA complaint

Lodged an formal complaint with ITCRA [IT Contract and Recruitment Association], the Industry Body for Recruiting companies.

Several of the Agents actions were serious breaches of the ITCRA Code of Conduct.

In 30 years of dealing with Agents, this guy is by a long margin, the worst I've come across. Not just incompetent  or "poor with details" such as misspelling Workseeker name on contract. Also demanded an apology as pointing this out was "offensive".
Background:
This was a *permanent* position for a senior IT staffer.
Workseeker required to move interstate.
Agency approached workseeker, no job application ever made by workseeker.
Job never advertised with a start date, no immediacy ever stated. Comment "expected to take 2 months to fill position" [by October]

Complaints.

Misleading statements:
1. Confused an email from himself to workseeker with a written offer from the Client. Insisted this was a "Job Offer", implying a binding contract.

2. Promised help finding accommodation for relocating interstate, none provided. Having local accommodation was always a condition of accepting the position.

Harassment or cyber-stalking:
3. One incident of a dozen calls/texts in 30mins.
Asked, in an email, to desist.
Repeated again later with more very inappropriate and abusive statements.

Privacy Act breach.
4. Used Referee's contact details for purposes data not supplied for. When workseeker would not answer Agents calls, Agent rang referee to complain and abuse.

Possibly Criminal over-stepping
5. When workseeker had failed to receive a contract 10-days from 1st proposed start date, informed Agent of inability to start due to personal circumstances.
Agent then harassed and browbeat client.
Seriously overstepped by continuing to demand exactly what the personal circumstances were.
Justified by saying "I need to explain to the Client".

This was uncalled for as the Client had no urgency on filling position, nor was there any advertising start date.

6. General Incompetence and lack of attention to legal details
a. Misspelled Workseeker name on contract. Demanded a  written apology to Client for pointing this out.
b. Sent 7 emails in 15 minute period informing workseeker of Job Offer. Kept issuing 'recall' emails for incorrect offers sent.
c. Commented that Agents' manager was continually chasing him to comply with company requirements and document all communications.

7. Failing to act on Instructions.
Workseeker requested 3 times in email that Agent ask Client if 9-day fortnight [with RDO] would be acceptable during first 3 months while transitioning to Sydney.
Agent never asked Client [confirmed].
Client was happy to comply when asked.
Agent deliberately misled workseeker by stating the job "was full-time only" and RDO's were not possible.

Emails/SMS's documented at:
[http://stevej-on-it.blogspot.com.au/2012/09/recruiting-fail-how-to-foul-up-employee.html]

Recruiting FAIL: Part2 - Red Flags and Lessons Learned

This experience was unpleasant enough that I took down my LinkedIn account with around 300 contacts, and resolved I wouldn't look for work as a System Admin again.

Whatever I do in looking for work, it's wrong, there is no point in pursuing a strategy that's failed me time and again for over 10 years.

I took a clear decision to provoke a crisis by sending my 'problem' email.
I had accommodation organised and paid for the first week, had packed and organised myself to start on the Monday and a plan, if a little shaky, to continue.

I've learnt a harsh lesson, which means "better to abandon earlier than later":

Things go on as they start. or It will only get worse, not better.

Lesson 1: If it's important to you, get it in writing early on. More so for "dealbreakers".

I never got Slippery Sam the Agent to make a written commitment on what he was promising to deliver. He, and the company, couldn't be held to it.

Lesson 2: Relocating cities is a Big Deal. Allow time, Plan the Move and organise Reconnaissance.

Driving a few hours up the road for an interview isn't the same as moving your life. Even if single, you have to devote a decent chunk of effort to the task. It will take time to do properly.

Lesson 3: You can't make these decisions alone. Talk them over with a friend.

If I'd talked through my decisions and the way I was being treated with a friend, I may have slowed the process down and set a much better process and plan to move in place.

Lesson 4: Be wary when there's a Big Rush and you're not asked when to start, but told.

There was never any hiring date from the Agent or company. They seemed to turn it into a huge rush, but hadn't declared there was any problem that needed someone there Right Now!

There wasn't a contract negotiation, there should be at least a start-date negotiation or specified in original request.

Lesson 5: One Red Flag is enough. Two is a dealbreaker.

Agents and Salesmen will always come across as Great Friends. Which you are until they got your signature, then you're a pariah.

The first Red Flag should've been the apparent haste (Job Spec on Wed 8-Aug, Interview on Mon 13-Aug, organised on Fri 10-Aug).

The next, the lack of a specified start date.

The Red Flag, par excellence, was rescheduling my interview a) earlier and b) on the day.

Slippery Sam the Agent went on to harassment (12 calls/texts in 30mins), browbeat me and completely overstepped the boundaries by demanding I explain my personal circumstances.

That little escapade was, in retrospect, an Instant FAIL.

Agents are there to facilitate the engagement, not beat-up on you and heap on abuse.

Recruiting FAIL: Part1 - How to foul-up employee engagement.

It began, as I recall, on a sunny winters afternoon in August, a Tuesday.
22 days later it had ended acrimoniously with an SMS and my email in response, and the removal of my LinkedIn account to avoid such agents/events in the future.

Please pick up your phone and talk with me steve. Like adults, let's discuss this. At the moment, you are really damaging my relationship with my client which is not fair and not right. I have really done all I can to help you and you won't even talk to me. SMS: +6145206812. 29/08/2012 15:42:49

and

To: B and C
Subject: Harassment
Date: Wed, 29 Aug 2012 16:43:44 +1000

B,

it's bad enough that against my express wishes you've been bombarding me with calls and texts - that amounts to harassment.

BUT TO CALL MY FRIEND??? What the HELL were you thinking??

Yes I'm ignoring your calls, not because I'm petulant or sulking, but because:

a) I've been doing stuff today, including taking a load of stuff to the tip (loading, driving, unloading, driving - not available to talk), and

b) because there is only ONE thing of interest you can say to me...

Which is: "This is how we can work this out..."

Unless you've got a plan to get me reasonable temporary accommodation while I find a place I can sign a lease on, then there's nothing new to be said.
I can't afford to commit to $10,000 or more in a lease on the chance I'll still have a job in 6 months.

I'm happy to work at C/O, I like C and his team, I think the work would be interesting and think I could make a positive contribution there.

There is just one thing, no more, standing between me and starting there and that's I don't have a place to stay and you haven't helped.

If I had applied for a job in Sydney via you, then it would be my problem to look after myself, pure and simple.

But that didn't happen.

YOU approached ME.

If YOU want me THERE, YOU have to make it happen.
Moving states, you of all people should know its a big deal.

So far you've made empty promises and hung me out to dry...

So - STOP HARASSING ME.

The only message I want to get from you is "It's fixed..."

Otherwise, we've said all that needs to be said.

steve

I precipitated this crisis with an email just before Noon to the Agent (B), the manager (C) and (F) the person in CO that'd sent me the contract. B was very upset that I'd sprayed a message all over CO - told by my friend G, whom he'd first contacted as a referee and then again after this note when I declined his repeated calls.

To: B, C and F
Subject: problem
Date: Wed, 29 Aug 2012 11:49:41 +1000

I'd like to start by reminding you that I didn't apply for a job with CO - that you've chased me, being insistent to the point of browbeating.

You've known from before you talked to me that I had to move cities to take up your position.

I made two things very, very clear at the outset:

- I do NOT have any temporary accommodation in Sydney, not family or friends I can crash with for a week or two, and

- I required assistance to find a place. From out of town, it's very hard to find anything, especially if a constrained timetable is imposed, as you've done.

Rephrasing this: My employment with CO has always been conditional on finding accommodation, and you've been aware of this.

Two weeks ago, I was promised introductions to estate agents and assured it'd present no problem finding me somewhere to live, presumably reasonably before your selected start date.

As yet, that promise hasn't been fulfilled.
With 2 and a bit days to find a place, I really don't think I could find a place, and certainly not something that I could afford or that I would want to live in.

You've run out the clock on me. I've no idea why.

This week, there was a news item about a murder in a boarding house and I thought: "never again".

A number of times when I was contracting and working in Sydney, I stayed in these unpleasant little dives. Since the news item, I won't be forced for no good reason, to go there again.

I've not been impressed with either how you've generally communicated with me, nor the seeming absence of internal communications at your end.

So I need to spell this out:

• You need to get back to me on this.
• You need to come back with an explicit proposal, either of accommodation or something that's guaranteed to lead to it.
• I expect ONE professional communication back to me on this.
• no browbeating or harassment, this is a problem of your devising (I got 12 calls/SMS in 30mins when I walked to the Post Office)

In normal engagement scenarios, asking people move inter-city involves a bunch of things you haven't done:

• flying the candidate to the in-person interview
• making allowance for the relocation in the start-of-work date
• paying or, or contributing to relocation expenses, every airfares
• providing temporary accommodation, usually some months, while the person finds new accommodation
• providing time-off to search for accommodation and settle affairs, as needed.

regards
steve jenkin

The manager, C, responded with this, making it very plain he wouldn't help me, personally or corporately, nor attempt to negotiate a solution.

It fits my saw "your priorities are what you do, not say".

Subject: Re Harassment
Date: Wed, 29 Aug 2012 16:51:44 +1000

Hi Steve,

We CO have no way of providing you with a solution for your accommodation here in Sydney and as I mentioned in our phone conversation before, although it is in Agency's best interest to match CO with the right candidate for our job posting, it is not their job either. Unfortunately we will have to miss out on this opportunity to work together.

I wish you the best of luck in your future endeavours.

Cheers,
C

There had been a fuss previously with the contract. I'd been invited by F to ask questions.
The response to my questions, I found fantastic, as in beyond belief.

• I was told both B and F found it "offensive" and condescending, but was never told just what I'd written they been offended by.
• The CEO was shown my email (itself an interesting move, not entirely legal) and laughed. Said he liked my directness and saw no cause for offence.
• B blew me up for writing to "his client" without permission and instructed me to never contact F directly again.
• I eventually got B to understand that he'd not mentioned this rules earlier that day when we talked and inventing rules after the event and then chastising me for not following them was impossible logic.
• I never got an apology for this abuse.
• B demanded I write F an apology the next day, with him vetting it first.
• I did so by 09:32.
• B insisted I was to not write that he'd been involved in asking for, or vetting, my apology.
• I objected against this, as it is a deliberate fabrication.

My questions/comments on the contract:

To: B and F
Subject: Re: Employment Agreement
Date: Tue, 21 Aug 2012 17:31:40 +1000

F,

Hate to do this to you, but my surname is singular, not plural:
JENKIN, no 's'. [At top and on signature line]

It happens a lot, which is why I emphasised it originally, I can't think how that may have been overlooked.

The contract needs to be redone to correct this.

I will sign and post a copy to you tonight (express post, delivery tomorrow) with the incorrect name noted. On my start day we can sign the new version.

My formal name for legal docs is "William Stephen Jenkin", but I'm called "Steve". No need to put one of my Christian names in brackets.

Questions:

0. Whom do I report to whilst my erstwhile manager, C, is away on leave?

1. Clause #3, probationary period.
The Fair Work Act sets a 6 month minimum for lodging dismal cases.
Would that be a more effective period than 3 months?

2. Clause #5, working hours.
The wording suggests fixed start/end times resulting in an 8 hour work-days or 40-hour weeks, yet ordinary hours are 2 hours less. Could you please clarify this for me.

3. Clause #5, flexible hours.
As I'll be relocating from Canberra, I was hoping for the first six months of my employment that I could work 9-day fortnights, i.e. 76 ordinary hours in 9 days with alternate Mondays off (RDO style). [An extra 51 minutes/day]

Will that be possible?

4. Clause #5 and #6. On-call duty and remuneration.
[snip]

5. Clause #10, Intellectual Property.
[snip]
Will the company advise me of all everything it does.
I can't see how in my position I could adequately fulfil that obligation.

6. Clause #10, Intellectual Property.
To be clear, the contract makes no mention of contributing to "Open Source Software". My understanding is that such work falls outside the scope of this clause.

regards
steve jenkin

The issue of RDO's was critical.
In 3 separate emails, I'd asked B if CO would consider letting me work 9-day fortnights for the first 3 months or so, so I might attend to business in Canberra. While I said it wasn't a "drop-dead", it was important enough for me to keep raising the issue.

B was very adamant that "this was a full-time job, CO won't let you work a 9-day fortnight".

Only I hadn't told him I'd guessed C's email address and had a conversation about this and a few other topics. C was more than happy to arrange flexible hours and an RDO. He didn't want "stress".

C was delegated to reply to my questions, which while apparently honest, didn't strike me as being well thought through, nor complete [whole email not included]:

2. It's been a long time since I've done 40 hours of work at CO. We regularly do more than 40 hours of work on a week. I am hoping that with you joining the team this will get better, but this is not a place where we work 9 to 5. Working hours are in general flexible with some restrictions given that as a team we have to ensure our 8am to 6pm support line has someone here to answer the phone.

3. We can manage that internally and informally. [RDO's]

The really important Red Flag occurred on the Friday after the Interview of Monday 13th.
The first Red Flag was C rescheduling my appointment 2 hours earlier. I was rung by B while I was driving up. It cost me $45 in parking, but I was able to make their changed timetable.

At the end, C raced out without properly terminating the interview as he'd run overtime discussing his technical problem and had a taxi waiting.

Subject: Re: FW: Confirmation of Offer
Date:Fri, 17 Aug 2012 12:00:27 +1000

B,

I'm happy to accept the offer generally BUT my personal circumstances have changed slightly since the informal offer on Tuesday/Wednesday and I can no longer start on the 27th.

With C now going on holidays, it wouldn't be operationally effective for me to start on the originally advertised date, Mon 3-Sept-2012.

I'm happy to negotiate a start date when or after C returns from holidays, but realise that CO may wish to rescind this offer to me and go with a "Plan B".

Hope to hear from you soon.

regards
steve jenkin

The first Red Flag was a total of six emails from 09:43 to 10:05 on Fri 17, first confirming the job offer, then "recalling" the email as he'd made an error, and again and again... Geting the contract details right is a necessary competency for an agent.

At 16.05, I finally received a contract from F at CO, whom I'd not heard of or from before. Mess with names and questions is above.

The Red Flag extraordinaire was a dozen missed calls and texts from B in 30 minutes while I walked down to the Post Office, sans phone, to put a signed copy of the contract in the mail (express post) so it'd be there in their office 09:00 next working day. Canberra is treated as Regional NSW by Australia Post with normal mail normally taking 2 days going via Wollongong.

I then got The Third Degree from B, demanding four or five times to know just how my personal circumstances had changed as "he had to sell it to the client". I felt abused, browbeaten and upset after that little tirade.

All of which was pretty surprising as they'd never suggested a start date, never suggested there was any hurry to fill the position and then I found out C, the manager, was going to be away just after I started.

Just to show that B did know that Accommodation was Drop Dead for me, I include an email from him.
I got another call from B around 3PM the next day, Tuesday, while I was driving back from Bowral where B said he was having a little trouble getting anything for me from an a Real Estate agent.
I specifically asked that he sent me the contact details of at least one agent.

Nothing came that evening and I waited until around Noon the next day before sending my "problem" email.

Subject: Are you free to chat today?
Date: Mon, 27 Aug 2012 14:39:30 +1000

Will you be free to chat today?

I have some people that can talk to you regarding accommodation and keen to catch up.

Thanks
B

One of the things I found "Not Quite Right" early on was a request that I take a look at a Performance Problem on one of their production systems as part of the Interview process. Turns out it wasn't fake data or a test, but I was in front of a console of a running production system, having someone else type my commands, trying to diagnose a live problem for them. Without any background, system maps or application briefing...

This had been my initial queasiness at the request.

Subject: Re: Interview Request
Date: Sat, 11 Aug 2012 19:14:18 +1000

B,

On reflection, I'm thinking there's a mismatch between this part of the Interview process (snippet below) and the job description as given...

Still going to do the interview, but I'd like to flag my concerns with you first.

The questions they are asking in the Interview are specifically:
- Capacity Planning (circuit planning, load forecasting, provisioning) and
- Performance Analysis (scalability, bottlenecks, rearchitecting, design, interactions, ...)

The closest thing in the job description is:

"A multi-skilled technical profile is required with proven ability to monitor and troubleshoot database and web server performance."

Which includes fault analysis but NOT architecture redesign and Performance Analysis.

If they're wanting a free consult (with current data), I'm not happy with that. I've done enough consulting gigs to be wary of customers asking "just one little question", then getting stiffed on the purported contract

I'd be very happy to look at data from a year ago and analyse that, then compare my analysis with what they did and what happened.
That's completely fair to both them and me.
They don't give away their secrets and I can't be conned into a freebie.

I'm not inclined to give them high-quality consulting advice for free.

Remember that I have bailed multiple large, high-profile Govt. sites out of extreme situations before, so they might just be casting around for that.

Extremely happy to be engaged by them as a consultant for an appropriate daily fee and look at any problems they give me, if that's what they truly want

Anyway, I hope they are being straight with me or just a little naive.

That's the position I'll take until I confirm otherwise.

cheers
steve

I had paid $350 to a boarding house for a weeks' accommodation. I had organised accommodation for the first week, but decided I was going to be miserable living there in a state of permanent anxiety both for my safety and if I'd have to find a new room at short notice.

Part of the problem was the uncertainty of employment, and since 2002, I've had 3 failed attempts to make it through to permanent employment. I've become very wary of Hidden Agendas of employers and managers...

Very kindly, the boarding house allowed me a 2/3 refund, as they'd not informed me of the 14-day cancellation policy. In the end, I got through this sorry mess for under $250.

In Part 2 I will try to extract the Red Flags and my Lessons Learned...