Conciliation Register
| Act |
Other discrimination in employment |
| Grounds |
Criminal record |
| Areas |
Employment |
| Outcome details |
Job offer |
| Year |
The complainant was placed with the respondent food services and utilities management company by a labour-hire company. She claimed she was encouraged to apply for permanent employment with the company but her application was unsuccessful and she was banned from the premises because of her criminal record. The complainant had been convicted of traffic infringements, trespassing and providing misleading information.
On being advised of the complaint, the company indicated a willingness to try to resolve the complaint by conciliation.
The complaint was resolved with an agreement that the company re-consider the complainant’s application and review its anti-discrimination policies with a focus on legislation regarding criminal record discrimination. The complainant’s application was successful and she commenced employment with company.
| Act |
Other discrimination in employment |
| Grounds |
Criminal record |
| Areas |
Employment |
| Outcome details |
Compensation |
| Amount | Approximately $8,500 |
| Year |
The complainant alleged that the respondent software business terminated his employment in a sales role three weeks after recruiting him because of his criminal record. The complainant said he had left his employment with another employer to take up the position with the business. The complainant was charged with, but not convicted of, assault and domestic violence related offences six years earlier.
The software business said that its decision to terminate the complainant's employment was based on a legitimate contractual right to terminate employment if an employee did not return a satisfactory criminal record check. The business agreed to participate in conciliation to try to resolve the complaint.
The complaint was resolved with an agreement that the business pay the complainant approximately $8,500.
| Act |
Disability Discrimination Act Racial Discrimination Act Sex Discrimination Act Other discrimination in employment |
| Grounds |
Criminal record Descent Disability Race Sex |
| Areas |
Employment |
| Outcome details |
Apology - Private Employment - other (individual) |
| Year |
The complainant is Aboriginal and cares for three children. She has fibromyalgia, depression, anxiety, and experiences chronic pain. The complainant worked as a health practitioner with the respondent Aboriginal health service, the only one in the area. She alleged the health service initially rejected a medical certificate because she consulted a colleague at the health service, questioned her absenteeism, and declined a request to work part-time hours for one week to accommodate her caring responsibilities. She also alleged the health service required her to either access leave without pay or resign after she was convicted of unlawful wounding.
The health service denied the allegations but indicated a willingness to participate in conciliation.
The complaint was resolved with an agreement that the health service write to the complainant apologising for the hurt and distress she experienced as a result of the events giving rise to the complaint. The health service undertook to include an insert in its newsletter welcoming the complainant’s return to work. The parties agreed to engage in discussions to facilitate the complainant’s return to work.