When Can An Employer Dismiss Any Employee Or Reject Any Job Application?

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Applying for a job in Australia needs certain legal verification. Every applicant or an existing employee has to undergo verification to prove their citizenship, their background, etc. When foreign citizens are concerned, they should have a clear visa report to prove their residency status. These verifications are done by the employer on behalf of the applicant with their prior consent.

However, any shortfall or any missing Police Checks report, or criminal history can be a hindrance in the recruitment procedure. The employer has to recruit such a candidate that has no criminal history with perfection in job skills. It does not mean that applicants with a criminal background will not apply for the job. They have the right to apply and face the interview as scheduled.

What Happens In A Job Interview?
The job interview starts with employers’ questions regarding their skills, knowledge, past job experience, etc. The employers as per the inherent requirement of the job role can ask the candidate to disclose their criminal record. It is advised not to ask the candidate directly about their criminal background. It can discourage the candidate and it might affect their privacy. 

The employers have to make the candidate comfortable so that they can voluntarily disclose their criminal record if any. The next step is to conduct Police Checks on every applicant who appeared for the interview. It has to be done with the applicant's consent. For foreigners (non-Australians) the visa status check is also mandatory. It should be mentioned in the company's recruitment policy. 

It should be noted that these verifications are mandatory to conduct online. Certain job types in Australia mandatorily require the final police and visa check report. The final decision of hiring a candidate is the result of an assessment of these reports along with the job experience and industry knowledge. For foreigners, an updated visa record report is mandatory along with all other documents.

When Dismissal Or Rejection Of Applicant Becomes A Final Decision?
There can be certain applicants whose details or job experience might not be relevant for the job role. These candidates are shortlisted in the first round. The suitable rest candidates are selected for the face-to-face discussion. The police checks conducted on these applicants can result in two cases:
1. The criminal history of the applicant is detected.
2. There is no criminal history of the applicant. 

In the first case, the employer has to check the type of criminal record and the inherent requirement of the job. If there is no relevancy between the two; the applicant can be considered for the job role. If there is no criminal record found in the employee’s history, the applicant is considered for the job role. 

An employer with the comfort of his office can order Police Checks via online mode. However, there are some practices to be followed before rejecting any application. 

When The Applicant Is Not Ready For Criminal Background Screening:
There can be reasons as to why an applicant is not ready for criminal background verification. In such a case, the employer has to make the candidate understand the importance of such verification. The candidate must feel and realize to cooperate with the employer in these checks. The employer must conduct these checks immediately after the candidates' consent. 

What if the candidate does not give their consent for background verification?
In that case, the employer should inform the applicant/employee that the verification checks are compulsory by legislation. It is the company's recruitment policy and the Australian legislation allows the employer to conduct such checks on the applicant. It is one of the legal procedures that every candidate has to go through. The applicant must give consent to the employer for Police Checks. 

If the candidate still does not give their consent to police verification, the employer has the right to reject their application. Even existing employees can lose their job if they do not give consent to background verification. The employer has the legal rights to decide the same. 

When The Applicant Furnishes Wrong Information In The Job Interview:
If the employer finds that the information provided by the applicant is wrong or exaggerated, he can reject the application. If the basic information provided by the applicant is inappropriate or doubtful, the employer has the legal right to reject those applications. It can be detected in the first round of interviews. The decision can be taken immediately.

Any applicant with a criminal record is considered only if their record has no relevance with the job role. The employer can conduct all the mandatory checks and decide accordingly. Dismissal or rejection in such cases is the last resort decision. The employer must maintain a good workplace environment for those who are selected after criminal history assessment. The workplace should be free from any harassment.

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