Our Community Partnerships and Outreach Coordinator, Eleni, documents what many women face when their criminal record seems to mean more to employers than the work that they do.
Imagine you have been in a role for a few weeks and received increased shifts and glowing reports from management. You disclosed during the recruitment process that you have a past history and consented to a criminal record check, and they commenced your employment before receiving it. Despite doing your job well, your police check is received by the organisation, and you are then called into the office and are dismissed!
A number of our Success Works candidates have experienced exactly this, some 3 weeks and some up to 6 months post commencing employment.
Under the Discrimination Act 1977 NSW, it is unlawful to be dismissed from employment for the following: dismissal based on race, colour, sex, sexual orientation, age, physical/mental disability, marital status, family/carer’s responsibilities, pregnancy, religion, or political opinion. A criminal record is not on this list. The Fair Work Act 2009 considers unfair dismissal based on the Discrimination Act.
Success Works has contactedthe Fairwork Commission, the Fairwork Ombudsman and finally Law Access and they confirmed that there are NO laws to protect discrimination of unfair dismissal based on a positive criminal record check.
Many employment opportunities require a record check and should be used mainly to determine if the charges directly impact the inherent requirements of the role. However, after employment has commenced, there are no legal grounds for a person to appeal dismissal. This non-inclusive practice may put a woman at risk of decline in mental health and financial instability. This can result in her going back to an unhealthy relationship for financial support, and/or re-offending in order to survive.
The Human Rights Commission has made a finding of discrimination on the basis of criminal record in two cases. In both cases the Commission has reported its findings to the Federal Parliament and the recommendations made by the Commission were ignored by the employer as these are not legally
enforceable, i.e. the employers were not bound to comply.
Success Works seeks to break down the barriers to employment for women with a criminal record. We want women to be seen and valued for who they are today and their skills and ability. If this is you or your loved one, would you want them to be continually defined by this? If you are an inclusive employer, we would love to hear from you – join us in changing the lives of women and their families.
If you want to read more about the Human Rights Commission on discrimination and criminal records, including statistics, click below.
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