A member asked almost 8 years ago

Unfair dismissal

Hi,  

Can an employer put "never to be re-employed" on your record? I lost my job after 33 years. I went for unfair dismissal and it was agreed that I could resign. I have had numerous job interviews with the same company only to be told that it has "never to be re-employed" on my record. I have even had an interview with an independent company contracted to them and have been told the same thing.

Cheers.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you are in a difficult position. The law says that employers must not discriminate against employees and job applicants. What constitutes discrimination is specifically defined under national and state/territory laws, and covers age, disability, sexual orientation, race, sex, marital or domestic status, carer’s responsibilities, and transgender status. If an employer discriminates against a job applicant or employee on one of these grounds, they may be breaking the law.

In your situation, it does not appear that you fall within one of these categories. An employer is free to employ any person they wish for a job, provided the recruitment process does not involve unlawful discrimination. If your former employer believes that your past conduct prevents you from doing the inherent duties of a particular job, then they are allowed to refuse to offer you that job.

With respect to the independent contractor, the situation is slightly different. From what you have described, it appears that the contractor is denying you an employment opportunity based solely on information provided by your former employer. If this information does not directly relate to your ability to perform a particular job with the contractor, then the contractor’s conduct may be unlawful.

You should contact the Australian Human Rights Commission (www.humanrights.gov.au) or the Anti-Discrimination Board of NSW (www.antidiscrimination.justice.nsw.gov.au) to ask for more information and/or lodge a formal complaint. Both of these agencies have the power to investigate complaints and, if appropriate, attempt to resolve the issue between the relevant parties.

Suggested way forward

You should contact the above organisations to attempt to resolve the matter. You may also want to consider speaking to a lawyer who can advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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