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HR's "quintessential knee-jerk reaction" to employee's past was discrimination

A tribunal has chastised an acting head of HR who "immediately leapt into punitive action" after discovering an employee had a criminal record, finding her decisions were based on "no background information whatsoever".

Under the ACT's Anti-Discrimination Act, employers must not discriminate against employees on the basis of an "irrelevant criminal record".

ACT Civil and Administrative Tribunal Senior Member Lea Drake said a criminal record "may appear by its bald statement to be significant and highly likely to be relevant" to employment, however it wasn't "decisive"...

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