Convictions not a bar for a job – court

• Published date: 18 April 2024
• Author: Zelda Venter
• Publication title: Mercury

This as his prospective employer got wind of the convictions and retracted the job offer. But the Gqeberha Labour Court came to his rescue and found that the man should be given a second chance, given that his convictions occurred 20 years ago and had meanwhile been expunged

Elsworth O’Connor felt that his prospective employer, LexisNexis, unfairly discriminated against him in terms of the Employment Equity Act.

In December 2023, LexisNexis advertised a vacant position for a senior data discovery and enrichment expert. O’Connor applied and he was later told that his interview had been positive, and that LexisNexis required further information from him which included a reference check.

When filling out the form, O’Connor responded “yes” when asked if he had ever been criminally charged. He mentioned it was for theft in 2001, which had been expunged. As requested, he provided his fingerprints for them to conduct a criminal background check.

He subsequently received notice from LexisNexis that they had offered him permanent employment and that his contract would follow shortly if he accepted the salary offered to him.

It was, however, stated that this offer of employment was subject to a check that he had a “clear” criminal record.

O’Connor accepted the offer and was told he would be working remotely from home. A few days later he received an email stating that LexisNexis was retracting the offer because the criminal check had revealed six counts of theft, one count of fraud, and two counts of defeating the course of justice.

O’Connor explained that these convictions took place 20 years ago and his criminal record had been expunged. He asked for an opportunity to explain the matter but never received a response.

He approached the court on an urgent basis requesting that the respondent (LexisNexis) be ordered to honour...