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Conciliation Register

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

Apology

Compensation

Anti-discrimination/EEO training introduced

Amount Approximately $360
Year

The complainant claimed the respondent labour-hire company terminated his placement and told him it could not offer him further work because of his criminal record. The complainant had been convicted of storing ammunition and cultivating cannabis plants four to five years previously. The complainant said that the labour-hire company offered him a new placement when he advised he had lodged a complaint with the Commission.

The labour-hire company denied ending the complainant’s employment. The company said the placement ended and it then offered him an alternative placement.

The complaint was resolved. The company apologised for the lack of clarity in its correspondence with the complainant regarding his criminal record and the end of his placement. The company agreed to pay the complainant approximately $360 in compensation for the cost of clothes and equipment and undertook to maintain delivery of anti-discrimination training to its staff.

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

Apology

Compensation

Policy change/Change in practice

Amount $700
Year

The complainant alleged the respondent pharmacy terminated her employment a few days after she commenced working as a pharmacy assistant because of her criminal record. She said she disclosed her criminal record during the recruitment process and wrote to the pharmacy explaining the circumstances surrounding her criminal record once a criminal record check was completed. However, she claimed the pharmacy never met with her to discuss her criminal record. The complainant had been convicted of assault, assault occasioning bodily harm and entering a property without lawful excuse.

The pharmacy claimed the complainant’s criminal record was incompatible with the inherent requirements of her role, which included delivering customer service to vulnerable customers, working with minimal supervision and providing a safe workplace, 

The complaint was resolved with an agreement that the pharmacy pay the complainant $700, review its recruitment process to include a narrower question inviting applicants to discuss any criminal record and write to her apologising for the distress she experienced as a result of the events giving rise to the complaint.

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

Other opportunity provided

Year

The complainant alleged the respondent recruitment agency cancelled two job interviews because one of its clients became aware of his criminal record. He claimed a staff member of the agency told him the agency would no longer represent him because of his criminal record. The complainant had been convicted of possession of tainted material.

The recruitment agency advised one of its clients indicated it no longer wished to interview the complainant for a role after becoming aware of his criminal record through an internet search. The agency advised another client cancelled an interview with the complainant because it found a suitable candidate for the role.

The complaint was resolved with an undertaking by the recruitment agency to represent the complainant for future suitable positions based on his qualifications and experience.

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

Compensation

Anti-discrimination/EEO policy developed

Amount Approximately $3,650
Year

The respondent cleaning services company terminated the complainant’s casual employment as a cleaner after it became aware of his criminal record. The complainant had been convicted of possession of a prohibited substance and sentenced to imprisonment nearly 15 years earlier.

The company said it terminated the complainant’s employment because it considered his criminal history was inconsistent with the inherent requirements of the role. Notwithstanding this, the company indicated a willingness to try to resolve the complaint by conciliation.

The complaint was resolved with an agreement that the company pay the complainant approximately $3,650, equivalent to four weeks’ wages (including overtime loading). The company also agreed to implement a policy for the consideration of an employee’s or prospective employee’s criminal record and its relation to the inherent requirements of a role. The policy would require the company to discuss the criminal record’s relationship to the inherent requirements of the role with the employee/prospective employee.
 

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

Compensation

Amount $800
Year

The respondent retailer terminated the complainant’s employment as a sales assistant once it became aware of his criminal record. The complainant had been charged with drug possession but advised the charges were later dropped.

The retailer claimed the nature of the charges was inconsistent with the requirement that employees be honest and of good character, especially given the retailer’s predominantly teenage customer base. The retailer claimed the complainant was dishonest about the nature of his criminal record when the retailer first sought to discuss it with him.

The complaint was resolved with an agreement that the retailer pay the complainant $800 as general damages. This was equivalent to two weeks’ nett pay.
 

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

Compensation
Anti-discrimination/EEO policy reviewed/revised
Statement of regret
Anti discrimination/EEO training introduced

Amount $10,000
Year

The complainant was employed as a shop assistant with the respondent retailer. She claimed that on her third day at work, the retailer terminated her employment by telephone  because of a criminal record. The complainant maintained she has no criminal record.

The retailer claimed the complainant’s employment was terminated when information was received to the effect that the complainant was subject to an intervention undertaking which she may be breaching by working at the particular outlet.

The complaint was resolved with an agreement that the retailer write to the complainant acknowledging that she does not have a criminal record and that the employment relationship was not ended in accordance with best-practice principles. The retailer also agreed to pay the complainant $10,000 in compensation for economic loss. The retailer undertook to deliver workplace relations training to the outlet manager and regional managers and to review its equal-opportunity and diversity recruitment policies.

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

Compensation

Amount $12,650
Year

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

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

Apology – Private
Compensation
Policy change/Change in practice
Reference

Amount $2,400
Year

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 $12,500
Year

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

Compensation

Amount $5,000
Year

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 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

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

Other opportunity provided

Year

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 Other discrimination in employment
Grounds Criminal record
Areas Employment
Outcome details

Job offer

Year

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

Compensation Statement of service Reference Record change

Amount $2,900
Year

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.