Is a clear criminal record an inherent requirement of any job or for a specific job?
When applying for a job, one is usually asked the question: “Do you have a criminal record?” and one’s answer will determine if they are employable for that job or not.Biron Madisa, associate in employment law practice at Cliffe Dekker Hofmeyr says a clear criminal record is not an inherent requirement of any job. It can, however, be an inherent requirement of a specific job.
The job in question was a Senior Data Discovery and Enrichment Expert, the duties of the job included organising and classifying the information published in the respondent’s various legal products. After a successful interview, O’Connor was informed a job offer would be made. O’Connor proceeded to accept the offer on the same day it was sent. To his surprise, he received an email on 6 February 2024 from the company stating they were retracting the conditional offer of employment because the criminal check revealed six counts of theft, one count of fraud, and two counts of defeating the course of justice.
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