• Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Job offer

    Year
    2016

    The complainant claimed the respondent transport provider did not accept his application to work as a driver because of his criminal record. The complainant had been convicted of assault and malicious damage thirty years earlier. He said he had been driving public transport vehicles for over thirty years without incident.

    On being advised of the complaint the transport provider indicated a willingness to try to resolve the matter by conciliation.

    The complaint was resolved with an agreement that the complainant become a driver for the transport provider.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $12,650
    Year
    2016

    The complainant claimed that two months after she started work as a Bid Manager the respondent security company terminated her employment because of her criminal record. She claimed she had told a HR Manager about a six-year-old charge when she started employment.

    The company said the complainant’s criminal record check indicated she had been charged, but not convicted, of obtaining advantage from a Commonwealth entity six years earlier and of theft over 30 years earlier. The company claimed the complainant’s criminal record was inconsistent with the inherent requirements of her role. The company advised that it had since commissioned an external company to conduct criminal record checks of applicants and employees to ensure relevant information is obtained as early as possible.

    The complaint resolved with an agreement that the company pay the complainant approximately $12,650 less appropriate tax.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Policy change/Change in practice (internal staff)
    Compensation

    Amount
    $6,000
    Year
    2016

    The complainant claimed the respondent private transport company told him he was not eligible for work as a driver because of his criminal record. The complainant had been convicted of dishonestly obtaining money over 20 years earlier. He claimed the company did not offer him the opportunity to discuss the circumstances surrounding his criminal record or its relevance to the job.

    On being advised of the complaint the company agreed to participate in conciliation.

    The complaint was resolved with an agreement that the company pay the complainant $6,000 as general damages. The company also undertook to consider future applications by people with a criminal record on a case-by-case basis.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $12,500
    Year
    2016

    The complainant claimed the respondent banking corporation withdrew an offer of employment because of his criminal record. He had been found guilty of using a carriage service to menace, but no conviction was recorded. The complainant said he disclosed his criminal record to the recruitment agency when appplying for the role.

    The banking corporation said the complainant signed an undertaking about his character and conduct in a deed poll, despite being aware that he had a criminal record. The corporation claimed this conduct was inconsistent with the requirement that employees of the corporation demonstrate integrity, honesty, ethics, judgement and transparency.

    The complaint was resolved with an agreement that the corporation pay the complainant $12,500 compensation.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Apology – Private
    Compensation
    Policy change/Change in practice
    Reference

    Amount
    $2,400
    Year
    2016

    The complainant said that after 17 months of employment as a billing officer with the respondent public health service she was required to undergo a criminal record check. She said her employment was subsequently terminated because of her criminal record. The complainant had been convicted of a number of offences over a 13 year period ending three years prior, including obtaining money by deception, dishonesty causing risk of loss, embezzlement and obtaining financial advantage.

    The health service said the complainant’s role involved unsupervised access to account holders’ financial information, including banking and other account details. The health service claimed the complainant’s criminal record was inconsistent with the inherent requirements of the role, taking into consideration a number of factors including the recency and nature of the offences.

    The complaint was resolved with an agreement that the health service pay the complainant approximately $2,400 as compensation and provide her with a written reference. The health service encouraged the complainant to apply for other positions in the organisation not involving access to financial information and advised that in the future, it would ensure criminal record checks were undertaken before a person commenced employment.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Amount
    $5,000
    Year
    2015

    The complainant claimed the respondent company terminated his employment as a butcher five months after he started work because it became aware of his criminal record.  He said he had mistakenly failed to disclose his criminal record on the application form. The complainant had been convicted of stalking, for which he was sentenced to six months imprisonment.
    The company claimed the complainant's employment was terminated because his failure to disclose his criminal record was inconsistent with the requirement that all employees be honest and display integrity.

    The complaint was resolved with an agreement that the company pay the complainant $5,000.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Job offer


    Year
    2015

    The complainant alleged his application for the role of groundskeeper at the respondent sports club was not successful because of his criminal record. The complainant had been convicted of robbery, breaching an AVO and driving recklessly 3 to 16 years ago.

    The club said that under state law it had a responsibility to ensure employees were fit and proper persons to work in the industry. The club claimed the complainant’s criminal record meant he was not a fit and proper person for the role.

    The complaint was resolved with an agreement that the club offer the complainant the role on a six-month trial basis, with a possibility of permanent employment, subject to ongoing good conduct.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Other opportunity provided


    Year
    2015

    The complainant claimed the respondent mining company declined his application to work as a heavy machinery operator on one of its mining sites because of his criminal record. The complainant had been convicted of driving an unregistered and uninsured vehicle, but claimed this did not interfere with his ability to operate heavy machinery.

    The mining company claimed the complainant's criminal record appeared inconsistent with the requirement that he work safely and unsupervised in a remote location.

    The complaint was resolved with an agreement that the mining company reconsider the complainant's application.

  • Act
    Disability Discrimination Act
    Racial Discrimination Act
    Other discrimination in employment
    Grounds
    Disability
    Ethnic origin
    Race
    Religion
    Areas
    Employment
    Outcome details

    Compensation

    Statement of service

    Anti discrimination/EEO training introduced


    Amount
    $18,750
    Year
    2015

    The complainant is a Lebanese Muslim and alleged that his manager excluded him from a meeting with a potential client because of his national origin and religion. He said he made an internal complaint about the issue and took time off due to related stress and anxiety. The complainant claimed the company pressured him to participate in its grievance process despite him being too unwell to do so. He said he felt he had no option but to resign.

    The respondent company claimed it cancelled the relevant meeting because concerns were held about the safety of the complainant and others, if he worked with the potential client. The company said an external investigator was commissioned to deal with the complainant’s internal complaint, but the complainant failed to engage with the grievance process. The company said it was unaware of the complainant’s disability until after his resignation.

    The complaint was resolved with an agreement that the company pay the complainant $18,750 as general damages and provide him with a statement of service. The company also agreed to deliver training on anti-discrimination and workplace bullying to managers.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Statement of service

    Reference

    Record change


    Amount
    $2,900
    Year
    2015

    The complainant claimed he was dismissed from his employment as a store person/driver three weeks after he started work because the company became aware he had previously been convicted of burglary and theft.

    On being advised of the complaint the company indicated a willingness to try and resolve the matter through conciliation.

    The complaint was resolved with an agreement that the company pay the complainant $2,900 as general damages, provide a statement of service, characterise the end of the employment relationship as a resignation and nominate a point of contact that the complainant could use as a referee for future employment opportunities.

  • Act
    Other discrimination in employment
    Grounds
    Religion
    Areas
    Employment
    Outcome details

    Other opportunity provided


    Year
    2015

    The complainant claimed the respondent faith-based private secondary school withdrew an offer of a student-teacher placement when made aware that he did not hold the same religious beliefs.

    The school claimed it employed teachers with a range of religious beliefs. The school said there had been miscommunication and administrative errors in relation to the complainant's potential placement at the school.

    The complaint was resolved with an agreement that the school offer the complainant a student-teacher placement.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Policy change/Change in practice

    Statement of service


    Amount
    $5,000
    Year
    2015

    The complainant worked as a fulltime sales assistant with the respondent liquor retailer. He said that after a couple of months of employment the retailer suspended him on full pay and told him an investigation was underway but did not provide details of the investigation or invite him to provide information. He said that two weeks later the retailer terminated his employment due to concerns about the nature of his criminal record, which consisted of a conviction for indecent dealings with a minor five years earlier.

    The retailer claimed the complainant was dishonest about his criminal record when applying for the role. The retailer noted customers could be at risk and said concerns were held about the health, safety and wellbeing of all staff, including the complainant, should his criminal record become public knowledge.

    The complaint was resolved with an agreement that the retailer pay the complainant $5,000 less applicable tax, provide him with a statement of service and review its internal investigation procedures.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation


    Amount
    $2,000
    Year
    2015

    The complainant was employed as an assistant store manager by the respondent retailer. He claimed the retailer terminated his employment when made aware of four-year-old convictions for possession of child pornography.

    The retailer claimed the complainant's employment was terminated because he had provided inconsistent information about his employment history and overstated his management experience in his application.

    The complaint was resolved with an agreement that the retailer pay the complainant approximately  $2,000 in compensation for hurt and suffering.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Other opportunity provided


    Year
    2015

    The complainant claimed the respondent government public transport provider told him his application for a customer service role would not be progressed because of his criminal record. The complainant had been convicted of a number of drink-driving and driving while disqualified offences four years earlier.

    The government department said its policies require an alcohol and drug free workplace and claimed the complainant's criminal record was inconsistent with that requirement.

    Following discussion of the circumstances surrounding the complainant's criminal record the complaint was resolved with an agreement that the department would progress the complainant's application for employment.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Anti-discrimination/EEO policy reviewed/revised

    Policy change/Change in practice


    Year
    2015

    The complainant applied for a position as a support worker with the respondent community organisation. She said the organisation withdrew an offer of part-time work once aware of her criminal record. The complainant had been convicted of a number of offences between 15 and 25 years earlier, including armed robbery, drug possession and prostitution.

    On being advised of the complaint the organisation indicated a willingness to try to resolve the matter through conciliation.

    The complaint was resolved with an agreement that the organisation review and update its policies and procedures to ensure they reflect 'best practice' as set out in the Commission's publication 'On the Record - Guidelines for the prevention of discrimination in employment on the basis of criminal record'.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Apology

    Compensation

    Other


    Amount
    $2,000
    Year
    2014

    The complainant claimed the respondent aged care facility withdrew an offer of employment as a nurse when it became aware of his criminal record. The complainant’s criminal record included convictions for stalking and conducting a transaction to avoid reporting.

    The facility said the ability to work unsupervised was an inherent requirement of the role and claimed the complainant was unable to work without supervision due to restrictions to his nursing registration.

    The complaint was resolved with an agreement that the facility pay the complainant $2,000 and write to him apologising for how the recruitment process was handled. The facility also agreed to distribute the Commission's 2012 publication titled 'On the Record: Guidelines for the prevention of discrimination in employment on the basis of criminal record' to its managers.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation


    Amount
    $2,000
    Year
    2014

    The complainant was convicted of larceny, fined $550 and sentenced to a 12-month good behaviour bond approximately five months before commencing employment as a customer care officer with the respondent property development company. She claimed the company terminated her employment when the company became aware of her criminal record.

    The company noted the complainant's role involved handling cash and selling gift cards to clients and the larceny conviction was very recent. The company claimed the decision not to continue to employ the complainant was not discriminatory because it was based on the inherent requirements of the role.

    The complaint was resolved with an agreement that the company pay the complainant $2,000 ex-gratia.

  • Act
    Other discrimination in employment
    Grounds
    Religion
    Areas
    Employment
    Outcome details

    Revised terms and conditions

    Policy change/Change in practice


    Year
    2014

    The complainant is Jewish and advised her religion prohibits certain activities on Saturdays. She said she was required to sit an English language test to enable her to work as a nurse. She claimed the tests were scheduled on a Saturday on a monthly basis and on a Sunday once a year. She claimed this disadvantaged her, as she would have to wait a year if required to re-sit the test.

    On being advised of the complaint the accreditation body administering the test indicated a willingness to try to resolve the matter by conciliation.

    The complaint was resolved with an agreement that the accreditation body would schedule a one-off Sunday test should the complainant be required to re-sit the test. The accreditation body also agreed to explore the possibility of scheduling additional tests on days other than Saturdays.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation


    Amount
    $3,000
    Year
    2014

    The complainant sought work as a contractor with the respondent beverage company. He said he advised the company that he had been convicted of larceny, assault and drug possession and was told his criminal record was not relevant and he was the preferred candidate. However, the complainant said the company later sent him an email advising he would not be considered for the role because of his criminal record.

    The company claimed it did not engage the complainant because he was dishonest about the nature of his criminal record.

    The complaint was resolved with an agreement that the company pay the complainant $3,000 ex-gratia.

  • Act
    Other discrimination in employment
    Grounds
    Criminal record
    Areas
    Employment
    Outcome details

    Compensation

    Anti-discrimination/EEO training introduced


    Year
    2014

    The complainant's criminal record included several convictions relating to the possession of a prohibited drug and cultivation of prohibited plants spanning approximately ten years. He said these convictions occurred several years ago and at a time in his life when he used marijuana. The complainant was a registered nurse and applied for work as a temporary personal care assistant through the respondent recruitment agency. He claimed the recruitment agency did not register him because of his criminal record.

    The recruitment agency confirmed it did not register the complainant on its database because of his criminal record. It claimed the health care services for whom it provided temporary nurses required that staff not have drug related convictions, as their work often involved unsupervised access to medications. The recruitment agency noted no work had been available to those registered on its database since the complainant applied for work.

    The complaint was resolved with an agreement that the recruitment agency pay the complainant $150 as general damages and committ to train staff about criminal record discrimination.

Pages