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Yvan

Active Member
13 June 2024
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0
31
I was interviewed for a role , approx 3 times and my employer told me last Friday that they would offer me the role and in the contract the6 would ask for background checks ( consent ) . .
They have subsequently on Saturday told me that due to background checks they won’t offer me the role
Has my privacy been breached ? No consent was provided
Have they discriminated against me ?

Thank you
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
I was interviewed for a role , approx 3 times and my employer told me last Friday that they would offer me the role and in the contract the6 would ask for background checks ( consent ).
So, the offer was conditional upon you being of good character?
They have subsequently on Saturday told me that due to background checks they won’t offer me the role
They can do that.
Has my privacy been breached ?
No.
No consent was provided
Perhaps you did, but maybe you didn't understand that's what you were doing?
Or maybe you consented on the application form,
but didn't read the very small print that included a consent?
Or perhaps your employer lied to the information broker from whom they got the information?
Have they discriminated against me ?
No. An employer is entitled to satisfy themselves that you are a person of good character.
 

Yvan

Active Member
13 June 2024
5
0
31
Thanks for your reply . some questions ,

- How can a Background check be conducted in abut 24 hours ?
_ I did not consent to any thing but was willing to provided based on on the offer letter that they were due to send with conditional police checks etc
_ What is good character ? i could be a person who has been to family law court multiple times and allegations made against me with no charges as still be viewed as a person of bad character . Its rather subjective , dont you agree ?
A POLICE Record is more accurate in that sense , and i would totally understand , an employer ( prospective doing that )
I have asked for whatever the employers have ie a file , their check and they have refused to respond or provide anything ,

Thanks in advance
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,025
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2,894
Sydney
How can a Background check be conducted in abut 24 hours ?
That depends on the information broker. Some brokers have commercial-scale access to the NPCS.
Some few entities deal with NPCS direct - such as many entities of government.
Perhaps they did it off your original application?
Or maybe, they just googled you and found a story from an old newspaper about you being in court for something.
_ I did not consent to any thing
Or, maybe you did, but didn't notice? Such as if it was buried deep in a wordy Sign Up agreement pop up, or if on paper, in very small print
...but was willing to provided based on on the offer letter that they were due to send with conditional police checks etc
There is always the possibility that they are lying to you...
_ What is good character ?
In general, being somebody who has no convictions recorded.
i could be a person who has been to family law court multiple times and allegations made against me with no charges as still be viewed as a person of bad character.
But you're not, are you?
Am I right in thinking that you're somebody who has at least one conviction that they hope to conceal?
In any event, Family Law matters are civil proceedings, not recorded as criminal history in the way that Breach AVO, assaults, drugs, drink driving, or dishonesty offences can be.
Its rather subjective , don't you agree ?
No. But it can be complex.
For example, there are numerous lawyers with convictions for PCA.
But a conviction for dishonesty offence can see them struck off.
 

Yvan

Active Member
13 June 2024
5
0
31
I have no convictions. I think the prospective employers are lying to me as I have asked for the " background " check they allegedly conducted and they refuse to provide it . What have they got to hide ?
Ps
Thanks for taking the time to respond
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,025
829
2,894
Sydney
I have no convictions. I think the prospective employers are lying to me as I have asked for the " background " check they allegedly conducted and they refuse to provide it . What have they got to hide ?
Ps
Thanks for taking the time to respond
Perhaps they don't like you for some other - probably illegitimate - reason, and are hiding it.
Frankly, after three interviews, and now this... do you really want to work for people like this?
 

Yvan

Active Member
13 June 2024
5
0
31
Perhaps they don't like you for some other - probably illegitimate - reason, and are hiding it.
Frankly, after three interviews, and now this... do you really want to work for people like this?
No of course not , but it's also quite distressing for someone to say that based on background check , they didn't offer me the role, don't I have a right to acquire any report they have? esp when I have no Crminal history ...
I think they don't want to share what they have because it's discrmination....
Do I have any recourse to take this matter to court ?
For me it's a matter of principle...
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,025
829
2,894
Sydney
No of course not , but it's also quite distressing for someone to say that based on background check , they didn't offer me the role, don't I have a right to acquire any report they have? esp when I have no Crminal history ...
If you don't have a history, why all this fuss?
Especially now that you know what a bag of spiders they must be as an employer.
I think they don't want to share what they have because it's discrmination....
I suspect so, although we have no way of telling.
Do I have any recourse to take this matter to court ?
Even if you had any evidence, do you have the money to take this to court, and the money to pay their costs if you lose?
What loss have you suffered that can be compensated by mere dollars?
A job you were never offered is not quite the same thing as an unfair dismissal.
For me it's a matter of principle...
Can't help you there.
I'm a lawyer, not a philosopher.
 

Yvan

Active Member
13 June 2024
5
0
31
If you don't have a history, why all this fuss?
Especially now that you know what a bag of spiders they must be as an employer. I suspect so, although we have no way of telling. Even if you had any evidence, do you have the money to take this to court, and the money to pay their costs if you lose?
What loss have you suffered that can be compensated by mere dollars?
A job you were never offered is not quite the same thing as an unfair dismissal.Can't help you there.
I'm a lawyer, not a philosopher.
Thanks for all your replies ,
Much appreciated. The principle issue for me is , well i guess a matter of morals and principles - something many employers and lawyers lack 😎
Thanks again