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VIC Employment Law - Employee Not Disclosing Criminal History

Discussion in 'Employment Law Forum' started by I.Kirby, 17 September 2015.

  1. I.Kirby

    I.Kirby Member

    17 September 2015
    Likes Received:

    I am part owner of a small family run bulk-billed medical practice in regional Victoria. One of our staff who has been with us for a few months was living and working in China prior to commencing his employment with our company. Throughout the application process we never specifically asked him about criminal history - we never have with other staff and it hasn't ever been a problem.

    However, we've discovered he was convicted on theft charges while overseas. He served no jail time and was seemingly only prosecuted. Since discovering this, we also believe he has been working simultaneously with a private firm in the closest town (around an hour away) and has been consulting patients he has referred to himself through our practice.

    This has come as quite a shock to us and I am enquiring into every avenue of any possible legal action under employment law. Is he breaking the law - by both not disclosing his criminal history even though we did not ask, and referring himself extra clients?

  2. Paul Cott

    Paul Cott Well-Known Member
    LawTap Verified Lawyer

    26 May 2014
    Likes Received:
    Hi Kirby,

    The non disclosure of the prior criminal event for this guy is probably acceptable in law.

    However the working separately with the practices clients is more of an issue and it is probably a breach of his employment contract even if there isn't a written one, in a number of respects and is near to grounds for dismissal, particularly if he is given a warning to desist, but then continues.

    Hope the helps somewhat.

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