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What if I left my previous employment on bad terms, and I do not want my potential employer to know? I have a criminal record, should I tell my employer? What is “Fresh Start”?
Do I have to answer about personal information in a job interview?
You only have to answer questions that are relevant to your potential employment. Questions about whether you have children or are gay, or example, are not relevant. Under the Human Rights Act, a person cannot refuse to employ you for these (and other) reasons. If they do, they may be breaching the Human Rights Act.
If you want more information on the reasons for which a person cannot refuse to employ you, you can also contact the Human Rights Commission:
Level 4 Tower Centre
45 Queen Street
PO Box 6751
Wellesley Street
Phone: (09) 309 0874
Fax: (09) 377 3593
Info line: 0800 496 877
Website: www.hrc.co.nz
What if I left my previous employment on bad terms, and I do not want my potential employer to know?
On the application form for a new job you may be asked to name some referees. This allows your potential employer to ask these people questions about your character and your record as an employee. If you do want old employer to be asked about you, the best way is not to name him/her as a referee. That means that your potential employer cannot get information about you from your old employer. If they do, you can complain to the Privacy Commissioner, (see above, Making a complaint). You may be asked who your last employer was. If you were fired or left because the situation was a bad one, it is up to you how frank you are with your potential employer. You can choose to tell them your side of the story. If you got advice from a lawyer or from a Community Law Centre and they believed you were unfairly dismissed, ask them for a letter which you can show your potential employer which says this.
I have a criminal record, should I tell my employer?
Employers do not always ask if you have a criminal record. It depends on what sort of work they are offering and their attitude to employing people with criminal records. If a potential employer asks about your previous convictions, you have to answer if the conviction is relevant to the job you are applying for. For example, if the job is at a supermarket, a conviction for dangerous driving may not be relevant, but one for theft will be. The supermarket wants to be able to trust you around its property. If you are asked about relevant convictions, do not try to cover up. If your employer finds out the truth, you may be dismissed.
For some jobs, such as a police officer, lawyer and teacher, you will have to show that you are “ of good character”. Part of this shows you have no previous convictions. They are considered to be relevant to these jobs. So, if you are asked about your record, even after you have started the job, you must answer truthfully. You might be dismissed if the truth came out later.
Key points to note are:
Fresh start can advise you whether an employer is registered with them and prepared to hire ex-offenders.
What is “Fresh Start”?
Fresh Start is a community-based charity that helps people with criminal convictions get jobs. You can contact them on:
PO Box 24-429
Royal Oak
Auckland
Phone: (09) 634 7630
Fax: (09) 634 2456
E-mail: mhharvey@xtra.co.nz
Do I have to answer about personal information in a job interview?
You only have to answer questions that are relevant to your potential employment. Questions about whether you have children or are gay, or example, are not relevant. Under the Human Rights Act, a person cannot refuse to employ you for these (and other) reasons. If they do, they may be breaching the Human Rights Act.
If you want more information on the reasons for which a person cannot refuse to employ you, you can also contact the Human Rights Commission:
Level 4 Tower Centre
45 Queen Street
PO Box 6751
Wellesley Street
Phone: (09) 309 0874
Fax: (09) 377 3593
Info line: 0800 496 877
Website: www.hrc.co.nz
What if I left my previous employment on bad terms, and I do not want my potential employer to know?
On the application form for a new job you may be asked to name some referees. This allows your potential employer to ask these people questions about your character and your record as an employee. If you do want old employer to be asked about you, the best way is not to name him/her as a referee. That means that your potential employer cannot get information about you from your old employer. If they do, you can complain to the Privacy Commissioner, (see above, Making a complaint). You may be asked who your last employer was. If you were fired or left because the situation was a bad one, it is up to you how frank you are with your potential employer. You can choose to tell them your side of the story. If you got advice from a lawyer or from a Community Law Centre and they believed you were unfairly dismissed, ask them for a letter which you can show your potential employer which says this.
I have a criminal record, should I tell my employer?
Employers do not always ask if you have a criminal record. It depends on what sort of work they are offering and their attitude to employing people with criminal records. If a potential employer asks about your previous convictions, you have to answer if the conviction is relevant to the job you are applying for. For example, if the job is at a supermarket, a conviction for dangerous driving may not be relevant, but one for theft will be. The supermarket wants to be able to trust you around its property. If you are asked about relevant convictions, do not try to cover up. If your employer finds out the truth, you may be dismissed.
For some jobs, such as a police officer, lawyer and teacher, you will have to show that you are “ of good character”. Part of this shows you have no previous convictions. They are considered to be relevant to these jobs. So, if you are asked about your record, even after you have started the job, you must answer truthfully. You might be dismissed if the truth came out later.
Key points to note are:
- In a letter or an interview sell your ability to do the job first. Then tell the employer about your criminal record.
- If you can take whanau support to your interview take someone who can talk about how you have changed since your conviction. If you are registered with Fresh Start, a Field Officer may be available to accompany you.
- It is better to let an employer know about your record before an interview, usually with a letter.
- If you have a Fresh Start registration card, show it to the employer.
- If you fill out an application form put the information about your record in a separate letter and mark the envelope, “Personal and Confidential”. Try to address this to the person doing the interviews or to the Human Resources Manager.
- The information you give should include: the offence, when it happened, how you were involved, and anything else that might explain your offence. You should also say how you have changed since that conviction.
- How you present the information is important. If you have several convictions try to group them together so that they look less like a list.(Information adopted from, “Straight for Work: Advice for Ex-offenders Seeking Jobs”, booklet, Fresh Start Inc).
Fresh start can advise you whether an employer is registered with them and prepared to hire ex-offenders.
What is “Fresh Start”?
Fresh Start is a community-based charity that helps people with criminal convictions get jobs. You can contact them on:
PO Box 24-429
Royal Oak
Auckland
Phone: (09) 634 7630
Fax: (09) 634 2456
E-mail: mhharvey@xtra.co.nz
YouthLaw |
Latest page update: made by YouthLaw
, May 18 2010, 9:52 PM EDT
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| Started By | Thread Subject | Replies | Last Post | ||
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| Anonymous | Wrongful dismissal ,humiliation at work place, no pay, sexual harassm | 2 | Sep 6 2011, 12:30 AM EDT by YouthLaw | ||
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Thread started: Aug 7 2011, 5:51 PM EDT
Watch
Where do I start?! I work in a fast food place that has recently been taken over by asians. Im 17 yrs old have been working with old employer for year and a half. I have spent last four weeks showing employers the ropes. Each week my wages don't match my hours, I get no wage slip. My employers talk about us in their language we know cause they use our names in between and laugh and look at us. 28th july was grating cheese one block was crumbling and rolling into balls didn't look good so put in pig bin, got yelled at,said sorry my mistake emploer started pullin cheese out of pig bin, told her you can't do that. For next two hours was picked on and snaped at and then yelled at and told to leave get out so I did. Went back to work next day told to go. Asked if still had a job no answer asked for my 3 weeks wages no response week later took an adult support person alon who asked for
state of employment in writting, copy of contract, 4 weeks wage slips and the 3 weeks 2 days pay entitled to by Monday the 8th August. Hour later got rung and told to return for work 2day for three weeks told them want my 22 hours that is in contract. They have told me no more work as quite in three weeks but they have someone lined up for my shift. 2 days ago the male employer tx me asking me to send him photos of me, tx back asking why what for, He tx back I just want some photos of you, I tx Na we don't roll like that in new zealand thats not right and not ok, He tx consider yourself unemployed then. Shoul I turn up for work today at 12pm!!!!!!!! |
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| reece.thomson | Bullying | 1 | Sep 5 2011, 9:16 PM EDT by YouthLaw | ||
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Thread started: Jul 7 2011, 6:05 AM EDT
Watch
Hey,
So im 19, reasonable young dude, i show up for work every day, work my butt of, study as much as i can to upskill myself in my job an trying my best to get along. About a month ago, a few people from my work found out i was gay.. no worries.. i dont really care an can have a good joke about it, dosent worry me the slightest.. I work at Repco... so with mechanics an "not the most open minded people" so its important that im careful who i tell about my sexuality. After finding out it was all good untill i find that one other staff member... a older lady has been cracking jokes an calling me cruel names like barbie doll an gay boy an things like that,.. its ok i delt with it an laughed along untill it started getting written on notice boards etc.. NOT cool! i approached my manager who was quick to act in getting HR into our branch an had a meeting with me, the manager an a lady from head office an they were off to talk to the lady who had done this bullying/harrasment/discrimnation (whatever u want to call it). i hear back that she had been asked to stop it but claimed that she was only tell everyone as it was thier right to know.. i shrug it off an go back to it.. obvcourse this lady had now turned into the devil because i had told on her.. so attidtue was rude an i was being highly disrespected infrot of my clients.... |
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| reece.thomson | PART 2 | 1 | Sep 5 2011, 8:25 PM EDT by YouthLaw | ||
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Thread started: Jul 7 2011, 6:05 AM EDT
Watch
so once again i approach my boss who then sends me, the lady an himself to out headoffice for a closed door meeting. it was all blown up in the air an turned around that im picking on her an yes she did all that stuff, i discuss that im over it an trying to move on but i need her to go back to being nice so that we can have a happy work enviroment again.. dosent happen.. so i ask for a transfer an am told no.. i have to try an get along with her... so at this stage the meetings finished an im furious that they have taken NO DISAPLINARY ACTION against the bullying or names or anything an just told me to get over it when i have tryed to make a effort.... two weeks go buy... she is constantly nast untill one day she flew off the handles being nasty to me, i go to boss... he reakons im over reacting.. WHAT CAN I DO.. I NEED HELP BECAUSE I CANNOT DEAL WITH IT ANY MORE... (exuse my spelling im typing this all on my iphone.. |
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