sign up log in
Want to go ad-free? Find out how, here.

Australian decision says convicted armed robber's criminal record can't be used as reason to deny him a role as a 'technology project manager' in a bank

Australian decision says convicted armed robber's criminal record can't be used as reason to deny him a role as a 'technology project manager' in a bank

By Ian Rogers*

The [Australian] Human Rights Commission has found ANZ discriminated against a promising hire to a project manager position, after a police check turned up a youthful conviction for armed robbery.

The job applicant, cited in the Commission decision as AN, denied any prior convictions in a job application handled for the bank by the recruitment firm Robert Walters in 2013.

The routine criminal records check turned up the prior and led ANZ to withdraw an employment offer as technology project manager.

The job applicant had an extensive and credible work record with Telstra, Lonely Planet and Sensis. 

"His professional referees provided very positive references to Ms Said in relation to the potential recruitment of Mr AN for the position," the HRC ruling said.

The complainant also contended the context of the offence, including his age, social background and the fact he was not in fact armed (although a co-accused was) were all relevant factors.

The Commission concluded that "ANZ’s act of refusing to engage Mr AN… constituted an exclusion made on the basis of criminal record. 

"This had the effect of nullifying or impairing Mr AN’s equality of opportunity or treatment in employment or occupation."

ANZ's decision "was not based on the inherent requirements of the job."

ANZ said in a response to the Commission that it would conduct refresher training with relevant recruitment decision makers.

The bank also said "it now places a greater emphasis on the age of a criminal conviction in determining whether an employee or contractor can perform the inherent requirements of a particular role." 

------------------

Ian Rogers publishes Banking Day in Melbourne, Australia.

And then there is this.

We welcome your comments below. If you are not already registered, please register to comment.

Remember we welcome robust, respectful and insightful debate. We don't welcome abusive or defamatory comments and will de-register those repeatedly making such comments. Our current comment policy is here.

13 Comments

LOL. We move in a world of unreality created by government.

Up
0

Can't lying in a job application be a reason not to employ???

Up
0

and if found out the liar can be held for damages.

Up
0

If its old then no. How long does someone have to suffer for a mis-calculation in their youth? plus what looks like an exemplary employment record in a demanding job sector.

Up
0

Ironically, psychometric testing found the man was ideally suited to the banking profession. He should give Goldman Sachs a phone call.

Up
0

obviously he is over qualified for this position

Up
0

The point of doing a CV is lying about your past!

Up
0

When's the last time you've had to submit a CV to anyone?

Up
0

fortnight ago. didn't even get interview though. :( not even qualified to be part time call center person apparently.

Up
0

About this time last year... CV is so yesterday, now prospective employer will ask for your Linkedin profile and checkout the endorsements

Up
0

Ummmm............pretty cut and dry.......

"The job applicant, cited in the Commission decision as AN, denied any prior convictions in a job application handled for the bank by the recruitment firm Robert Walters in 2013."

He lied, plain and simple! YOU'RE FIRED!

Up
0

the 'employer' should continue to say 'nah'. Yes it may be illegal to discriminate against armed robbers, but you just got to do it, penalty or not

Up
0

How can he be an 'armed robber' when he wasn't carrying arms?

Up
0