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2018-10-02

The complainant alleged that the respondent bank terminated his employment as a customer service officer in his second week of employment because of his criminal record. The complainant said he had not been convicted of fraud or theft offences and had been honest about his criminal record. He said he had undertaken drug dependence rehabilitation since his conviction and was fit to perform the role.

The bank said it was not fully aware of the nature of the complainant’s criminal record until after he commenced his employment. The bank noted the complainant had been convicted of a range of offences, including break and enter and contravention of an apprehended violence order, four years before he applied for the role. The bank said the complainant’s role included accessing sensitive customer information and identity details. The bank said it offered the complainant the opportunity to discuss his criminal record but, due to the serious nature of the offences, the short period of time since the offences and its obligations to protect customers, the bank concluded it did not have the trust and confidence required in him to perform the inherent requirements of the role.

The complaint was resolved with an agreement that the bank pay the complainant $5,000 and offer him the opportunity to participate in its outplacement program.

Year

Discrimination type
Other discrimination in employment

Grounds
Criminal record

Areas
Employment

Outcome details

Employment - other opportunity provided 

Compensation 

Amount
$5,000