NSW Employment Law - Terminated for Old Traffic Offence?

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Nels

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9 November 2016
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Under employment law, can someone be terminated from their permanent position for a traffic offence from 6 years ago that they were unaware of at all?
 

Victoria S

Well-Known Member
9 April 2014
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Was the traffic offence committed in the course of their employment with the employer who terminated them?
 

Nels

Member
9 November 2016
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No, the traffic offense ocurred about 6 years ago. They had to do a criminal check with the employer for becoming permanent at this job after working there already for about 8 months but at the time did not know of this offence being on a criminal check so answered no to the question of having any criminal background. They were fired on the spot with no warning even after working there for 11 months altogether with being a casual and a permanent employee.
 

Rod

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27 May 2014
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How long ago was the sacking? What industry is the employer in? What type of traffic offence?

Seems a bit harsh for a run of the mill traffic offence. Culpable driving might be a little different.
 

Nels

Member
9 November 2016
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The sacking was only 2 days ago. The industry of the employer is Food Retailer position was of picking/packing for their main warehouse. The traffic offense was that they got caught driving on an Ls license without a full license person next to them 6 years ago.
 

Rod

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OK. I have no formal basis for my reply, and hopefully someone else here can help you, but from the little I know the employer would have hard time justifying the sacking on this basis.
 

Matthew Lynch

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18 July 2016
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This would likely be found to be an unreasonable termination, especially in circumstances where you were given no opportunity to explain you were not aware of the conviction.

Let me know if you need help preparing the unfair dismissal application.