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I am sorry to hear this. How long did she work for the employer for?
How much termination pay has she been provided in terms of weeks or months?
So you are saying that she did not sign a consent form but he went ahead and did a criminal record check?
I'm so sorry to hear that.
This police officer acted unlawfully. He had no right whatsoever to look through criminal records of someone without their consent for his own personal use. He could do that for police duties only.
Your daughter can file a complaint against him and he will be disciplined.
The next time that your daughter is offered a job and is asked to sign a police record check it may be prudent of her to tell the employer ahead of time so that there are no surprises.
The fact that she has turned her life around is admirable and many will find it that way so she should not lose hope so fast. She had just run into a bit of terrible luck by getting a job where employer whom is clearly not someone that she would llike to work with long-term anyway because he is unfair and does not comply with the law. He thinks he's above the law. So essentially in this case she's better off without him.
She cannot sue if she has not suffered damages.
It is hard to prove that she suffered damages if she was dismissed after two days when this record was discovered.
The reason why is that it is the conviction that is causing her not to be able to keep this job or to get another job. It's not really that this police officer is doing something wrong.
The police officer is doing something wrong if he sends off this information to others and he's doing something wrong if he's lying about her to others and those would be grounds for a lawsuit. Otherwise this is more grounds for a complaint.
When she's eligible to have a record suspension then her record will not show the conviction.
It is a breach of the Act as well but and you can file a complaint but that won't get your daughter damages.
I suggest she complains against him with the police and the privacy commissioner.
You are very welcome.
I hope things work out for your daughter. She just needs a good person to decide to take a chance, hire her and then they will see that she is worth it and then so will she.My heart goes out to you.