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Recruiters don't owe you reasons - it's a courtesy. </div>
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The only thing you could force "legally" is if you think it's discrimination, and I personally think you will have a hard time getting that proven if it's early in the process as they end up saying things like there were issues with "cultural fit". </div>
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Probably time to move on and keep applying elsewhere. You don't want to work for a place that doesn't want you. </div>
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<div dir="ltr">Regards</div>
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<div dir="ltr">Marcus Herstik</div>
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<div id="divRplyFwdMsg" dir="ltr"><font face="Calibri, sans-serif" style="font-size:11pt" color="#000000"><b>From:</b> linux-aus <linux-aus-bounces@lists.linux.org.au> on behalf of James Tobin via linux-aus <linux-aus@lists.linux.org.au><br>
<b>Sent:</b> Sunday, July 27, 2025 5:31:40 AM<br>
<b>To:</b> Lilac Kapul <ileyd@icloud.com><br>
<b>Cc:</b> russell@coker.com.au <russell@coker.com.au>; linux-aus@lists.linux.org.au <linux-aus@lists.linux.org.au><br>
<b>Subject:</b> Re: [Linux-aus] Ghosted?</font>
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<div class="PlainText">My bad, let me rephrase (although thank you for your detailed response)<br>
<br>
1. Does a "headhunter" not have an obligation to a "candidate" they decide<br>
to represent?<br>
2. The "employer" may have historically provided feedback on other<br>
people introduced by the "headhunter";<br>
3. The "headhunter" may understand the employers business, the<br>
requirement and be "highly" selective with who they represent to the<br>
employer;<br>
4. The "employer" may have abruptly (suspiciously) cancelled the<br>
recruitment contract when/immediately after the "headhunter" presented<br>
the "candidate(s)".<br>
<br>
Kind regards,<br>
<br>
On Sat, 26 Jul 2025 at 20:02, Lilac Kapul <ileyd@icloud.com> wrote:<br>
><br>
> Hi James,<br>
><br>
> Below are some things to think about and some potential questions to answer if you would like further input. It is difficult to give much input beyond what others already have without more information, though I have tried to offer some considerations and
advice below. One of my biggest questions is whether you feel you have been discriminated against, directly or indirectly, by an employer, recruiter or other party involved. That would be one of the key scenarios where you have some readily accessible recourse
here; I do not see legal proceedings as being accessible nor realistic but that depends on the circumstances of your situation. Alternatively and less relevantly, do you feel a contract with you has been breached by the recruiter, employer or someone else?<br>
><br>
> Keep in mind I am not a lawyer and if you want to enforce legal rights, you should in most cases seek legal advice. State and territory legal aid bodies and Community Legal Centres can provide free or (where income or assets exceeds a threshold) low-cost
assistance.<br>
><br>
> Do you know of any recruitment firms that would legally pursue an<br>
> employer because they did not provide feedback?<br>
><br>
> I am not sure on what grounds you could “legally pursue” an employer. Perhaps if the employer, especially where applicants are assessed by selection panels such as for public service jobs, declared they would provide feedback upon request to candidates and
then refused to do so, you could maybe argue they have breached a contract with you. I would consider that quite the stretch though, and I am not sure you would find lawyers you are not paying willing to take such a matter on. I would honestly think such legal
action might be so unheard of as to set precedent.<br>
><br>
> You may have better luck directly communicating with the employer and politely requesting detailed feedback. I would think your prospects of detailed feedback increase the further in the selection process you got.<br>
><br>
> Some recruiters may have contracts with particular employers. You could, if you wanted, ask whether the recruiter has such and whether there are any obligations to provide feedback under that contract. I think most recruiters will not have signed a written
contract with you but if they have that is a very different story. Could you clarify for us whether you had any written, or otherwise believe you may have had a verbal, contract with the recruiter? What was the nature of your relationship with them and what
sort of recruiter are they (firm employee, someone independent, what do they formally call themselves, etc)?<br>
><br>
> 1. Does a recruiter not have an obligation to a candidate they decide<br>
> to represent?<br>
><br>
> I think the first instinct many will have here is to say, “Not really” but I think it depends on the nature of your relationship with the recruiter and what you mean by “an obligation”. What obligation do you foresee here, to obtain or provide feedback on
your behalf? Recruiters and recruitment firms are not well regulated in Australia, to my understanding, so the nature of any obligations to you would likely be ethical and contractual. It may benefit you in future to ensure you clearly discuss expectations
and mutual obligations with recruiters at the start and to get this in writing. Not all recruiters will seek to provide detailed feedback to candidates, nor obtain detailed feedback from selection panels or employers on their behalf. If you did not discuss
this with a recruiter, I would think the only obligation might be an ethical one which is comparatively difficult to enforce. There are not industry Codes of Conduct for recruiters that I am aware of, so it is difficult to precisely argue that a recruiter
has acted unethically and consequently to commence any legal action to enforce performance of ethical standards. You might have a case if the recruiter acted unlawfully, discriminatorily or breached a contract. In a practical sense, you have the most options
available to you (such as conciliation through Human Rights Commissions, before formal complaints and hearings) if you believe you have been discriminated against. Arguing a recruiter has acted unlawfully, such as by engaging in deceptive or misleading conduct,
is complicated and you would be hard pressed to get free (or low cost) legal representation for this. To sue a recruiter for breach of contract, you would generally need to prove the existence of a valid contract, breach of it, and resulting damages. The likely
remedy available to you in legal or other (such as Human Rights Commission or Tribunal) proceedings is the award of financial damages, rather than an injunction requiring the provision of feedback. That said, conciliation outcomes (particularly through Human
Rights Commissions) will often involve the desired behaviour, such as provision of feedback to you and obtaining it on your behalf.<br>
><br>
> Broadly, I would think that many arrangements with recruiters would be verbal and relatively informal without clear promises of obtaining feedback from employers beyond on a best effort basis. If you clearly discussed expectations and the nature of your relationship
at the start, such as that they will always provide you with detailed feedback and attempt to obtain selection panel on your behalf, with the recruiter then refusing to do so, you may have a better case for arguing the recruiter had a contract with you that
they could be breaching.<br>
><br>
> Do you feel you have been discriminated against, that a recruiter has acted unlawfully (such as engaging in deceptive or misleading conduct), or that they have breached a valid contract with you?<br>
><br>
> 2. The employer may have historically provided feedback on other<br>
> people introduced by the "headhunter”;<br>
><br>
> This does not in and of itself create any legally enforceable right to feedback from the employer. If the employer is selectively providing feedback to candidates based on protected characteristics (i.e. they are discriminating against you), you may have
a case and practical ability to enforce a right to feedback. Short of that, in the absence of some sort of contract with the employer (including potentially through email chains, etc), I think you would have no enforceable ability to obtain feedback.<br>
><br>
> Why do you think you did not receive feedback and what makes you feel aggrieved? Perhaps elaborate to us on what you feel determines whether the employer provides feedback to candidates. Could the other candidates have advanced further in the selection process,
or even have been preferred candidates, with that explaining why they received feedback?<br>
><br>
> 3. The recruiter may understand the employers business, the<br>
> requirement and be highly selective with who they represent to the<br>
> employer;<br>
><br>
> I am not too sure what point you are trying to make here. I am sure they would be. The key issues for you would likely be the nature of your relationship (especially contractual) with the recruiter, the nature of your and the recruiter’s relationship (especially
contractual) with the employer.<br>
><br>
> Do they work with particular employers to find them candidates, or is it more that they represent you to undefined employers that come across their desk?<br>
> What does the recruiter being highly selective say to you about the process, that makes you afford it particular significance here?<br>
><br>
> 4. The recruiter may have abruptly (suspiciously) cancelled the<br>
> recruitment contract when the headhunter presented the candidate(s).<br>
><br>
> What makes you describe the cancellation of the contract as suspicious?<br>
> Who was the contract between, you and the recruiter? Anyone else?<br>
> What form did the contract take, was it written?<br>
> How was the contract cancelled and what reason, if any, was given?<br>
> Who is the “headhunter” here, who do they work for, and how do they differ from the recruiter?<br>
><br>
><br>
> Hope this helps.<br>
><br>
> Warm Regards,<br>
> LILAC KAPUL(she/they)<br>
><br>
> PO Box 36, Fortitude Valley QLD 4006<br>
> 0432 114 172<br>
><br>
><br>
> I work on the lands of the Turrbal and Yuggera peoples. Sovereignty over their land was never ceded. I pay my respects to Elders, past and present, and commit to working towards Treaty, justice and reconciliation with First Nations people.<br>
><br>
> On 27 Jul 2025, at 04:21, James Tobin via linux-aus <linux-aus@lists.linux.org.au> wrote:<br>
><br>
> 1. Does a recruiter not have an obligation to a candidate they decide<br>
> to represent?<br>
> 2. The employer may have historically provided feedback on other<br>
> people introduced by the "headhunter";<br>
> 3. The recruiter may understand the employers business, the<br>
> requirement and be highly selective with who they represent to the<br>
> employer;<br>
> 4. The recruiter may have abruptly (suspiciously) cancelled the<br>
> recruitment contract when the headhunter presented the candidate(s).<br>
><br>
> On Sat, 26 Jul 2025 at 13:11, James Tobin <jamesbtobin@gmail.com> wrote:<br>
><br>
><br>
> Do you know of any recruitment firms that would legally pursue an<br>
> employer because they did not provide feedback?<br>
><br>
> On Sat, 26 Jul 2025 at 13:04, Russell Coker <russell@coker.com.au> wrote:<br>
><br>
><br>
> On Saturday, 26 July 2025 21:16:33 AEST James Tobin via linux-aus wrote:<br>
><br>
> Hi, if you were represented by a recruiter (headhunter, recruitment<br>
> consultant, agent, or whatever they prefer to call themselves) for a<br>
> potential job with an employer, would you expect them to do everything<br>
> possible to get feedback on your resume, skills, experience, overall<br>
> application, and suitability directly from the employer after you'd<br>
> been presented?<br>
><br>
><br>
> No. I'd expect nothing from them apart from a yes/no answer.<br>
><br>
> --<br>
> My Main Blog <a href="http://etbe.coker.com.au/">http://etbe.coker.com.au/</a><br>
> My Documents Blog <a href="http://doc.coker.com.au/">http://doc.coker.com.au/</a><br>
><br>
><br>
><br>
> _______________________________________________<br>
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><br>
> To unsubscribe from this list, send a blank email to<br>
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><br>
><br>
><br>
><br>
> LILAC KAPUL(she/they)<br>
> Convenor, Secretary — Queensland Rainbow Greens<br>
><br>
> PO Box 36, Fortitude Valley QLD 4006<br>
> 0432 114 172<br>
><br>
><br>
> I work on the lands of the Turrbal and Yuggera peoples. Sovereignty over their land was never ceded. I pay my respects to Elders, past and present, and commit to working towards Treaty, justice and reconciliation with First Nations people.<br>
><br>
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