[INFOGRAPHIC] Steps on assessing applicants with a criminal historyOctober 31st, 2016
Businesses are entitled to ask prospective employees about their criminal past but should be careful when responding to the answers.
Employers or recruiters can require applicants to consent to a criminal record check, they have to pay attention to how and what to ask about someone’s criminal record in an interview
This means some offences may not constitute a reason to refuse an applicant work – the offence must be a barrier to the individual performing the job.
Taking a measured approach to interviews and keeping track of the conversation may also help to avoid any potential problems. While employees are protected from discrimination, they are not allowed to lie about their history, when asked. If an employee has been dishonest in the past about part or all of their past convictions, businesses can review that staff member’s employment, says McDonald Murholme principal lawyer Andrew Jewell (http://www.smartcompany.com.au/business-advice/legal/75463-hinchs-concerns-prompt-mcdonalds-to-revamp-hiring-policies-but-experts-says-smes-should-take-care-when-looking-into-employees-criminal-histories/)
The relevance of a job applicant or employee’s convictions should be assessed on a case-by-case basis against the inherent requirements of the work he or she would be required to do and the circumstances in which it has to be carried out. A criminal record should not generally be an absolute bar to employment of a person.
The infographic below summarises the step by step on how to assess applicants with a criminal record the right way.