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"Criminal record held against me"

Good day, I recently applied for a job, went for the interview and got the job. Before a offer could be sent, they did a criminal check and a incident of two years ago popped up. There was a warrant of arrest out for me that I did not know about. I did not even know about the record because the police could not get hold of me. Since then I sorted it out and paid R500 admission of guilt (It was for reckless and negligent driving) and I'm sitting with a record. Now the manager of the new job gave our HR instructions to advertise the post again. The vacancy was for working as supervisor on Eskom sites for a contractor. What can I do about it? And is it discrimination?

Added to
  • Recruitment
  • Criminal record

 User  Vis1978 asked at 09 Feb. 2016


2 answers

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 12 Feb. 2016
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The employee`s criminal history should and can only affect this process if the criminal record has influence and bearing in terms of the specific job the employee will be doing. For instance where a Financial Manager has a criminal record due to fraud or a Security officer has a record due to theft. In your case, you having this record and now subsequently resolving it, should not have any bearing on the matter and you will be within your right to refer the matter to the ccma.

Tracey Ndlovu
 Expert Tracey Ndlovu answered the user’s Wouter Van Heerden to 16 Feb. 2016
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13% of all applicants checked last year had a criminal record. An employer might be hiring someone with a conviction or criminal record without even knowing it. Sometimes, this can have serious consequences.

What are the legal options if you discover one of your employees has a criminal record?

You can't simply dismiss this employee, instead just turn to chapter E06: Employees with criminal convictions in your Labour Law Handbook where you will find answers...

If you don't have a copy yet, click here

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