The Labour Court recently upheld the rights of individuals with criminal records to seek employment without having to consider their outdated convictions.
The employee wanted the employer to enforce an initial job offer which was withdrawn due to the discovery of their criminal record and cited various labour law provisions relating to unfair dismissal, discrimination, and contract breach.
The court ordered an employer to reinstate an employee, ruling that the person's criminal history was irrelevant to the job requirements. This has come as a source of hope for many criminally convicted individuals who have struggled to secure employment due to their past criminal convictions.
CEO of Global Business Solutions John Botha says the labour court’s ruling emphasises the importance of taking a nuanced approach when employers consider job candidates.
You shouldn't be held to ransom for the rest of your life.
Botha argues that a candidate's criminal record should only be confused if directly pertinent to the essential job functions.
Labour lawyer Michael Bagraim believes that this is a landmark labour court ruling as it opens employers up to a new perspective.
They explain that many employment contracts disqualify individuals from work if they have a criminal record. While this may be a valid job requirement in some sectors like if a person was convicted of fraud and wants to work in finance it may be relevant, disqualifying individuals from a job because of their criminality is unfair, wrong and discriminatory.
I read employment contracts every day and in many of those contracts they say that you can't have employment with us if you have a criminal record…now that's unfair it's discrimination and it's wrong in many circumstances in some circumstances it could be correct for instance if you have been convicted of fraud and you want to apply as the accountant that that could be a problem.
Bagraim explains that many people have criminal records for matters that would not be considered serious crimes today. They point to the COVID-19-related lockdowns where many people got criminal records for breaking curfews.
"I mean people who went to swim at the beach and got a criminal record and you think then you could disqualify them for employment it's absolute sheer madness."
