QLD Discrimination - rescinded employment offer

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Bob Dole

Member
19 November 2019
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0
1
As an 18 year old, I received an infringement notice for possession of an illegal drug on two occasions (1 x ecstasy and the other 1 x joint).

I've undertaken work with mental health practitioners to reform.

I've worked (in a paid and voluntary capacity) with a diverse range of children and youths for the past 7 years (working with children blue card - check) .

Tuesday: Interviewed well for a government position working with vulnerable Youths.

Thursday: Spoke to Legal Aid to ascertain what I would need to disclose in the event I was offered the position for the government working with Youths. Legal Aid stated that I should disclose the infringements if offered the position.

Friday: Offered the position and shared the two infringements with the employer. Employer says, should be fine and we'll proceed as normal, although I will have to talk to my regional manager. It should be fine and you could start as soon as Next Monday.

Tuesday: Sent completed TNF, Payee details etc.

Next Monday: Received call from employer. "Your criminal history check has come back crystal clear. However I have spoken to the regional manager and in light of the information you provided us about the infringements from 8 years ago we've decided to rescind the offer and deem you to be the second best candidate now, rather than the 1st preference.

Question 1.
Did Legal Aid stuff up?

Question 2.
I feel like I've been discriminated against? If I hadn't acted on Legal Aid's advice, and disclosed the infringement (which never appeared on my criminal history check) ... the Employer would have hired me.

The employer retracted the offer after I disclosed 2 bad decisions that I had made 8 YEARS AGO.

Thanks in advance for the help/advice

Yours sincerely,


Bob Dole
 

Rod

Lawyer
LawTap Verified
27 May 2014
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2,894
Question 1.
Did Legal Aid stuff up?

No. It is a tough situation where you are damned if you do, and damned if you don't. Using hindsight in this situation is not fair or reasonable. The call by the employer could have gone either way. Legal Aid wanted to ensure you wouldn't be sacked for failing to disclose relevant information.

I feel like I've been discriminated against?

What you describe is likely not a type of unlawful discrimination. Discrimination yes, but not unlawful. Some employers are short sighted and fail to see that you have overcome mistakes and are now a better person because of it. You are better off working somewhere else where they appreciate people who fight to pull their lives together again. But double check with the Queensland Anti-Discrimination Commission.
 

Scruff

Well-Known Member
25 July 2018
887
131
2,389
NSW
If you weren't convicted (an infringement notice is not a conviction), then you don't need to disclose. You now know that they're not showing on your National Police Check and these infringements don't affect a Working With Children check either. When it comes to employment, you should only ever need to disclose these types of things on the rare occasion where the employer does a full criminal history check that includes everything. So unless you apply for a job with ASIO for example, it's in your best interests to keep quiet about it.

As far as Legal Aid goes, it all comes down to what wording they used. For example, if they told you that you were "required" to disclose these infringements, then they got it very, very wrong.