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2018-06-03

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.

Year

Discrimination type
Other discrimination in employment

Grounds
Criminal record

Areas
Employment

Outcome details

Apology

Compensation

Policy change/Change in practice

Amount
$700