The Do's and Don’ts of Interviewing: Maximising Interview Success and Staying Legally Compliant

Hiring the right talent is essential to business growth and success, but there is more at stake than simply finding someone with the right skills. Small business owners and HR leaders must ensure they ask the right—and legally compliant—questions. Failing to do so can lead to serious reputational risks and even escalate matters to the Workplace Relations Commission (WRC) or labour court, with potentially costly consequences. By implementing structured, compliant interview practices, you can hire the right people, build a positive company culture, and mitigate risks to your organisation.

In this blog, we cover the critical do’s and don’ts of interviewing, drawing from our weekly “HR Made Easy” posts on LinkedIn that offer valuable insights and practical HR tips. Use these strategies to conduct successful, compliant interviews that strengthen your organisation.

The Do's of Interviewing: Creating a Positive and Professional Experience

1.Prepare your questions in advance

It is important to know what questions can be asked and not asked. Many interviewers ask questions that are discriminatory, both direct and indirect discrimination. Some questions or comments may seem harmless or friendly, but these are the exact issues that land organisations in the WRC.

2.Introduce Yourself and the Panel

Starting with introductions sets a respectful and professional tone. By explaining each panel member’s role, you help the candidate feel at ease and demonstrate your organisation’s approachability and structure. It also ensures the interview flows smoothly, setting the right foundation for an open dialogue.

3.Make the Interviewee Feel Welcome

A welcoming atmosphere allows candidates to respond naturally, giving you a better understanding of their true abilities and personality. This simple gesture not only promotes a positive employer brand but also helps candidates feel respected. Begin with a warm greeting, a brief overview of the interview process, and an ice-breaker to ease any initial nerves.

4.Ask a Mix of Open-Ended and Closed, Legal Questions

Balancing open-ended questions with closed questions ensures a comprehensive view of the candidate’s abilities and personality. Open-ended questions allow candidates to elaborate on experiences and skills, while closed questions confirm specific qualifications. However, it is essential to ensure all questions are relevant to the job and within legal guidelines to avoid potential complaints or challenges down the road.

5.Inform the Interviewee of Next Steps

Before concluding, clarify what the candidate can expect in terms of follow-up. This transparent communication reflects positively on your organisation, reinforces a professional image, and leaves candidates with a clear understanding of the process—vital for maintaining a strong employer brand.

The Don’ts of Interviewing: Avoiding Common Pitfalls

1.Don't ask illegal questions

It is important to know what questions can be asked and not asked. Many interviewers ask questions that are discriminatory, both direct and indirect discrimination. Some questions or comments may seem harmless or friendly, but these are the exact issues that land organisations in the WRC.

2.Remember That Interviews Are a Two-Way Process

Interviews are not only about assessing candidates but also about giving them insight into your organisation. An interview should be a mutual evaluation, where the candidate learns as much about your company’s culture and values as you do about their skills. By treating it as a two-way process, you ensure a well-rounded and respectful experience.

3.Be Fully Attentive

Avoiding distractions, maintaining eye contact, and actively listening are all essential elements of a successful interview. Full attention shows respect for the candidate’s time and ensures you gather valuable insights without overlooking important details.

4.Talk Less (20%), Listen More

Your role in an interview is to learn as much as possible from the candidate, so aim to keep your speaking time to a minimum—around 20% of the conversation. Asking the right questions and listening carefully allows you to better evaluate the candidate’s responses and discern their potential fit for your team.

5.Read Body Language and Tone

Pay close attention to a candidate’s non-verbal cues, such as body language and tone, as these can reveal important insights into their comfort level, enthusiasm, and authenticity. This skill can significantly enhance your ability to gauge how the candidate might fit within your organisation.

6.Turn Off or Silence Your Phone

Interruptions during an interview can break the flow of conversation and may come across as unprofessional. Keeping your phone on silent mode ensures that both you and the candidate can remain focused on the discussion.

Elevate Your Hiring Strategy—The Right Way

Mastering the art of interviewing is crucial for HR leaders and small business owners. By incorporating these do’s and don’ts, you are not only increasing the chances of hiring the right fit but also protecting your organisation from potential legal issues and ensuring a positive interview experience that reflects well on your employer brand.

For those looking to refine their hiring strategy further, consider booking a consultation to explore tailored solutions that can help you optimise your recruitment process. Be sure to follow our “HR Made Easy” posts on Linkedin, where we share ongoing, practical HR insights to help you manage your team with confidence. The right approach can empower your organisation to find the perfect candidates while safeguarding your reputation in the process.