Contact Us

Please contact us for further information:

1300 720 004


The best thing about working with HR Advice Online is the "advice" !

We've tried using the official government websites and what we find is "information" ... it is accurate information based on the current laws etc. but it is still just information.

 How to interpret the information and use if effectively to the scenario being faced is where the difficulty creeps in.

When using HR Advice Online, we get proper 'advice' from experienced, professional and friendly HR qualified staff that have a genuine interest in our success.  They assist us to get the best commercial outcome for our business within the guidelines of best practice HR.

- Jeff Cornock - Xtensive Technology Solutions


Recent news

True or False

My Employee Has Been Charged with a Criminal Offence. This Means I can Terminate Their Employment.


You cannot automatically terminate the employment of an individual who has been charged with a criminal offence. Rather the ability to do so will depend on:

  • The Nature Of The Crime That Has Been Committed

Consideration needs to be given to both the nature of the crime and whether there is a genuine connection between the offence that has been committed, particularly where the incident occurred outside of the workplace, and the individual’s employment.

If the employee has been charged with an offence outside of work, caution needs to be taken before terminating employment as there are limitations on your ability as an employer to take disciplinary action in relation to out of hours conduct.

If the employee has committed an offence at work, you should deal with the matter by applying your established disciplinary procedures.

  • Whether The Employee Has Been Charged Or Convicted.

If a person has been charged, they have not yet had an opportunity to defend their position and have not yet been found guilty of an offence. As such, terminating their employment could be viewed as unfair and rash.

Where a criminal conviction does occur, irrespective of the circumstances, there is a requirement as an employer to ensure that a fair and reasonable process is followed prior to a termination of employment taking place.

If you have any questions regarding an employee who has been charged or convicted of a criminal offence, or the required processes that are to be undertaken to manage such a situation, please do not hesitate to contact HR Advice Online via email or by calling 1300 720 004.

Share this article

Welcome to HR Advice Online

To subscribe to our content and download our resource tools, you first need to be a registered user on our site. Please register first and you will be redirected to our Membership Page.

Member Login

Forgot Password ?  

Not a member yet? Sign Up!

Australia's Leading Online HR & Safety Advisory Service. 1300 720 004
Privacy Statement     Terms Of Use     Website Powered by XD     Design by The Schaefer Group     © HR Advice OnLine Pty Ltd