Navigating Criminal Record Searches for Employees
An earlier post brought to light some of the legal implications involved in screening new hires using a criminal background search. Criminal record cases for existing employees can be even more difficult to handle than applicants. In Australia, companies must be able to prove there is a relationship between the criminal conduct and employment in order to legally dismiss an employee. Human Capital Magazine offers some advice on these situations:
- Review your company’s criminal offence policies; make sure that employees are aware of requirements to disclose any charges against them
- Apply these policies consistently to avoid disputes of unfair treatment
- When a conflict arises, make sure the employee is given the opportunity to explain themselves before the company takes action