Resolved complaint (47) about criminal record discrimination in employment

About the complaint

The complainant alleged the respondent company withdrew an offer of employment as an employment consultant because she failed to disclose her criminal record. The complainant was convicted of driving with amphetamine in oral fluid and obtaining financial advantage by deception.

The respondent confirmed that the issue was the nature of the criminal record results, rather than there being non-disclosure. They considered the financial advantage offence to be problematic for the role as their main client was actually the subject of the financial deception and therefore they said the inherent requirements of the role could not be performed. The respondent did not consider the driving offence to be problematic since the role would not involve driving. The respondent wished to try and resolve the matter and wished to hear the complainant's feedback about the application and offer process in circumstances where a criminal record is present.

The complaint was resolved. The respondent agreed to pay the complainant $1,000 in good will, to refund a fee required as part of the application process and to carry out a policy review in view of the complainant's feedback about the need to increase communication, including for criminal record results to be verbally discussed with the applicant prior to a decision being made.

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