Luke* had a criminal record. He applied for a job and attended an interview before being formally offered the position. However, his new employer said that they needed to do a ‘police check’ prior to Luke starting. Luke provided his new employer with a National Police Certificate that disclosed two quite minor convictions for offences committed in 1991 and 1994. The employer then withdrew its offer the day before Luke was due to start.
Hub Community Legal tried to persuade the employer to reconsider its decision but they refused. Luke then instructed Hub Community Legal to proceed with a complaint to the Australian Human Rights Commission.
By the time the case reached conciliation, Luke had already obtained an identical position with a different employer. The complaint was finalised on the basis of a written apology and full reimbursement for the income lost between the date Luke was due to start the original job and the date he commenced the alternative position.
Luke was very happy with the outcome and extremely proud they were able to ‘stand up for their rights’.
(*not his real name)