My boss keeps on hiring ‘nepo babies’. Can anything be done?

Each week, Dr Kirstin Ferguson tackles questions on the workplace, career and leadership in her advice column “Got a Minute?” This week: nepotism in the workplace, a small business owner with an HR issue and the repercussions of being caught applying for another job.

My employer advertises vacancies but only seems to hire the children of existing workers. I feel bad for the hundreds of applicants who apply for the jobs when they don’t really have a chance. Do companies legally have to advertise roles? I cannot understand why they waste the time of applicants who are likely well experienced and excited about applying, only to have the disappointment of hearing nothing back. The rest of us think it’s appalling and a terrible way to run a business. A lot of the new hires take twice as long to train due to their lack of experience, but we cannot say anything. What can be done?

I am often asked whether the questions in this column are genuine – yes, they are – and for anyone still wondering, I can assure you … I couldn’t make this stuff up.

What an arrangement. I can only imagine how frustrating it must be for everyone else watching this happen and knowing it is impossible to know whether the best person has been hired for the job. As to what can be done, well, not much it seems, if the CEO is allowing this practice to continue. There isn’t a legal requirement to advertise if this is a private company.

If your company happened to have an independent board, you could raise your concerns with the chair. If the company is publicly listed, there should hopefully be whistleblower arrangements in place if you want to take your concerns further. Otherwise, I would see if there are a few of your work colleagues who are keen to join you in explaining to the CEO the damage this practice is having on company culture, trust and morale.

I’m the owner of a small business. Nine months ago, I hired a new employee, but from early on, it was apparent she didn’t have the ability or motivation to fit the role. When her direct boss tried to carefully manage her performance, the employee accused her of bullying. A line manager was then included in all weekly catch-ups, and within months, the employee was also accusing this manager of bullying, too. When we initiated a performance improvement program, the employee instantly went on sick leave and has now claimed mental injury and has put in a claim to WorkCover. This will have an impact on my premiums, and I fear I will never legally be able to remove this employee from my business. What are my rights here? And who can I speak to since this employee is about to defraud government money? And what about my own mental health?

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It sounds like this has been a really frustrating time, and you are no doubt feeling bruised by the entire experience. As you have probably already realised, the resolution will take some time as well, so please ensure you are prioritising your own mental health support, whether through private psychological support, calling Lifeline on 13 11 14, or reaching out to trusted mentors.

I sought the advice of Sarah Queenan, founder and managing director of Humanify HR Consultingto understand your rights in what is undoubtedly now a complex case. Without knowing what state you are in, it is hard to offer specific advice, but she did say if you feel there is fraud taking place, you should raise this directly with your insurer so they understand all the details and can manage it accordingly. If you have an EAP program in place, you might like to also see if they offer an additional service for managers so you can talk to someone for guidance and support. Take care and all the best.