Termination Of Employees After Criminal Screening Process In Australia

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It is a part of the company’s risk management that makes it mandatory to include the police check policy of employees in Australia. To work in any organization in Australia, you need to go for a criminal background screening as a part of the recruitment procedure. This pre-employment screening is done to assess the past criminal background. The employer conducts this police check during the interview process.

 A Police Check is done to mitigate the risk of the job role an applicant has applied for. Different jobs have different levels of risk involved in it. It becomes mandatory to check the past of the employee that can come with an outcome like:

  • Any proceeding in the court
  • Any serious crime in the past
  • Any legal charges
  • Any police case registered in the past 

Under What Circumstances The Employee Be Terminated? Conducting a Police Check Online is a part of the risk mitigation strategy of an organization. Termination is the lender of last resort. Any employee found with a criminal background history doesn’t confirm the individual’s termination from the job.

 The records are assessed and investigated by the company’s senior management employees. Firstly, the company tries to retain its employees in every manner. If not, then termination is the final decision. Here are some of the circumstances when an employer can terminate the employee from his role after police check results.

Serious Criminal Record In The Background:
If there is a serious criminal background detected that can affect the present job role, the employee can be terminated immediately. However, one should know that not every crime/ felony leads to termination. It is based on the job role and the type of risk involved in the job. If the employers feel that the candidate is highly risky for the job, then only they can be terminated.

If The Employee Has Provided Wrong Information:If the employee has presented wrong facts during the hiring, then he/she can be terminated from the job immediately. Wrong facts include any wrong education background or overrated job experience or any misleading information. The organization can take decisions immediately on this part and explain to the employee the reasons behind it. 

Discussion/Meeting With The Employee:Each position or a job role has some risk attached to it. If an employee is found guilty of his past criminal records, the employer has the right to terminate the individual. Before termination, a meeting or a discussion with the employee is necessary to convey to them the decision. The employer has to explain to the employee the requirements of the position and how the individual is not fit for the role after Police Check Online. 

Documentation Of The Decision:
It is compulsory to document the decision in detail as to why the employee is terminated after the police check. The document should contain every minute detail on the reason for termination. It is compulsory as the employee cannot put any allegation in the future considering it as a wrong act by the company. This saves the organization from any unnecessary legal cases in the future.

Company Must Take Legal Advice:The company should take legal advice from the attorney or lawyers before taking any action on the termination of the employee. This minimizes the exposure to any claim by the employee in the future. However, the company must use every suitable initiative to save the employee from being terminated. But it depends on the facts, reports, and risk of the job role for which the candidate was hired.

Can Employees Be Transferred To Another Job Role?Yes! After the Police Check Online process, if the candidate is found guilty with a serious criminal past, then he can be terminated. However, an alternative to this decision is to transfer the employee to another job role that has different risk levels. This decision is taken after scrutinizing and assessing every minute detail of the report and via collective management decision.

Do Risk Management Goals Decide Termination Of An Employee?Every organization has its hierarchy and job roles with the risk involved in the job. The company’s risk management team assesses data and information of every candidate and their criminal background. Finally, it is the risk involved in the job that decides the termination of any employee. Therefore, it becomes important for every employee to go for a criminal background screening to join any organization.

What is “Opportunity To Be Heard” In Legal Terms?Every employee has a legal right known as “Opportunity To Be Heard”. It gives the employee the right to present their facts regarding the criminal screening done through Police Check Online procedure. Also, the employer should explain to the employee the assessment procedure for a clear understanding of the circumstances of the case. 

If you’re the next with a dream job in Australia; be prepared for a background check to support your employment legally.

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