A single mother of two children was placed on leave and restricted from accessing her company’s IT systems after her HR manager discovered she had a criminal record of violence and drug-related offences.

The ACT Civil and Administrative Tribunal found the employer had directly discriminated against the employee on the basis that they had failed to consider the employee’s specific circumstances or whether the criminal record was relevant to the employee’s job. The Tribunal was satisfied that the criminal record was irrelevant.

Take Out Point: Whilst the legislation is different in each State and Territory, as a general rule, an employer can only refuse to employ a person on the basis of their criminal record if it is relevant to the performance of the inherent requirements of their job. Seek advice if unsure.

See: Complainant Dt232023 V The Australian Capital Territory Represented By The Community Services Directorate (Discrimination) [2024] ACAT 17

Subscribe To Our Newsletter


Sign up to my mailing list for my practical & funny fortnightly workplace newsletter.

You have Successfully Subscribed!