Articles

For many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in their employees. However, relying on a criminal history check to decline to offer employment, or to terminate a person’s employment, is not always good business practice. In the recent decision of KB v The Agency [2018] FWC 6937, the Fair Work Commission considered circumstances where an employee failed to disclose allegedly relevant criminal convictions. The employee, KB was employed…