Is a clear criminal history an inherent requirement of the job

Biron states that while a clear criminal record can be related to the inherent requirement of a job, the Labour Court noted that this is not always the case. He notes that in certain situations, where a clear criminal record is an inherent requirement of the job, it may be justified to deny employment opportunities based on a criminal record.

Biron adds that the necessity of a clear criminal record depends on the nature of the job. For example, positions such as police officers or roles in the heavily regulated financial sector might be hindered by a criminal record. Individuals with convictions for fraud, theft, or defeating the ends of justice might be disqualified from occupying such roles. Each case of an employer requiring a clear criminal record will be evaluated based on its specific facts and the nature of the job. Trust is fundamental in employment relationships, and in some cases, it may be justifiable to require a clean record.

Biron emphasises that employers should not indiscriminately conduct integrity checks, vetting, or criminal checks. These should only be done when necessary for the position. It is also important to consider the time since the conviction, as individuals with a criminal record should not be permanently excluded from the job market.