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NSW Employment Contract Conditional on Background Check

Discussion in 'Employment Law Forum' started by MikeS, 19 August 2014.

  1. MikeS

    MikeS Member

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    I was provided a letter of employment which was subject to a background + criminal history check. I consent to the check and due to some issues with the employer and their third parties it was not completed by the start date outlined. As such they void the employment contract citing the offer was conditional on the check, the contract does state 'background check and it be favourable' as the condition. Are they within their right to do this considering it is neither favourable or unfavourable?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi MikeS,

    What was the reason for the delay in the background check? Did you need to have completed the background check by a particular, specified date?
     
  3. Sophea

    Sophea Well-Known Member

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    Hi MikeS,

    Based on the information you have provided, and at face value it would appear that if the offer stated that it was conditional upon a background check being performed and it being favourable, failure to complete a background check would void the offer. It depends whether, as Sarah J has pointed out - the onus was on you to obtain the background check or take steps to enable that to happen or whether it was entirely their fault.

    In reality though, if an employer is going to mess you around this much before you have even started working for them, they are just going to give you more trouble down the track.
     
  4. MikeS

    MikeS Member

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    I would say the reason for the delay was due to them not responding in a timely manner. I had endeavoured to provide anything they wanted when they asked, they stopped querying me so my expectation was it was complete only for them to return and ask for another 3 consents after 3 weeks of vetting.

    There is no date specified for when the vetting should be complete, but their expectation is it be done prior to me working there, so I could remain unpaid and waiting for an indeterminate period of time (they provided an eta of weeks). They only void the contract when I asked about it validity days after the start date had elapsed, I was only told I cannot start via email 3pm the business day before.

    They are really mucking me about and I'm really regretting my decision to work there. My primary concern is that by being unpaid is going to cause me hardship and I think it fair to have some recourse for what I believe is their inappropriate handling of the vetting.
     
  5. MikeS

    MikeS Member

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    They've again just sent me a new contract, it says in the contract as a term 'will be void on notice'. I would've expected this to mean they tell you its void?
     
  6. lawanswers

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