Many employers seek to enforce a requirement that its employees, or prospective employees, maintain a “satisfactory” criminal record. However, recently an employer’s ability to enforce such a requirement by terminating employment, or even withdrawing offer of employment, has been put into question by the Australian Human Rights Commission and the Fair Work Commission.

Ms Bastoni was employed by ORC International Pty Ltd as a casual market research interviewer for more than 8 years before her employment was terminated after an incident on 26 May 2018 in which she referred to her supervisor as having “extra padding”.

In a recent decision of the Fair Work Commission an employer was praised by the Commission for not rushing to a decision to terminate.  The employee was a habitual latecomer and worked as a motor vehicle detailer.  He had been given six previous written warnings as well as many verbal warnings by the employer.